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WHEATCROFT v. SMITH et al.

239 Pa.Super. 27 (1976)

Wheatcroft, Appellant, v. Smith et al.

Superior Court of Pennsylvania.

March 29, 1976.

Attorney(s) appearing for the Case

Maurice M. Green, for appellant.

Bernard J. McLafferty, with him Horace A. Davenport, and James A. Cassel, for appellees.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.

OPINION BY CERCONE, J., March 29, 1976:

The instant appeal arises from the order of the lower court sustaining the garnishees' preliminary objections and quashing plaintiff's writ of execution. The garnishees (the Tax Claim Bureau, the Treasurer and the Controller of Montgomery County) successfully raised the doctrine of Custodia Legis in the lower court. We find that doctrine to have been misapplied and will reverse The facts are as follows.

Plaintiff (appellant...

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