Bryan v. Jones & Laughlin Steel Co.

Citations

• 238 Pa. 191
• 85 A. 1089
• 1913 Pa. LEXIS 945

Syllabus

<p>Execution — Beal estate — Revival of judgment — Liens—Collateral attack.</p> <p>1. Where execution was issued on a judgment and land acquired by the defendant after the date of the judgment was levied upon, such land became subject to the lien, not of the judgment, but of the levy. Although the judgment in such a case was not a lien upon the land it was sufficient to support execution process; and the fact that more than five years may have elapsed from the entering of the judgment did not render the process void. If the defendant makes no objection that a scire facias was not issued, and permits the land to be sold he cannot thereafter object to the validity of the sale in a collateral proceeding.</p> <p>2. Where one Suffers his land to be sold under an execution on a judgment more than five years old and not revived by scire facias, neither he nor those claiming under him can afterward in a collateral proceeding be permitted to call in question the validity of the sale.</p>