Caven v. Harsh

Citations

• 186 Pa. 132
• 40 A. 321
• 1898 Pa. LEXIS 968

Syllabus

<p>Judgment — Restriction on execution — Assignment of property as collateral security.</p> <p>Where a debtor gives Ms creditor a judgment note under an agreement that the execution shall be restricted to certain described property, of trifling value compared'with the debt, and after judgment has been entered, execution issued and the property mentioned has been levied on, the debtor assigns all Ms interest in his father’s estate to the creditor, the latter has the right to hold the interest in the estate, or to proceed against it in satisfaction of his debt, even though a scire facias to revive may have been issued on the judgment, which resulted in a verdict and judgment for defendant, if the debt has not in fact been paid.</p>