Groyer v. Boon

Citations

• 124 Pa. 399

Syllabus

<p>1. A judgment entered against a defendant in Ms lifetime maybe revived after Ms death, for purposes of lien and execution, by scire facias against his administrator alone, and it is unnecessary to bring in the widow and heirs or devisees under § 34, act of February 24, 1834, P. L. 80.</p> <p>2. It is the proper practice, after a judgment of revival, to issue the execution upon the original judgment: Irwin v. Nixon, 11 Pa. 419, and not upon the judgment on the scire facias; yet, when the issuance is upon the latter, it is but an irregularity which cannot affect the title of a purchaser at sheriff’s sale.</p> <p>3. If, after a judgment of revival against the administrator of the defendant, judgment is obtained in a second scire facias, issued against the widow and the guardian of minor children, a sheriff’s sale of the decedent’s lands upon executions following the latter judgment will vest a good title in the purchaser.</p>