Holliday v. Bruner

Citations

• 153 Pa. 262
• 25 A. 1128
• 1893 Pa. LEXIS 1087

Syllabus

<p>[Marked to be reported.]</p> <p>Sequestration of life estate — Priority of liens — Pailure to revive judgment — Act of October 13, 1840.</p> <p>Under the act of Oct. 13, 1840, P. L. 3, relating to the sequestration of life estates, and the payment of liens upon such estates according to their priority, the fund in the hands of the sequestrator is payable to the judgment creditors in the order of their priority at the time the fund is brought into court for distribution, and not at the time the sequestrator was appointed. A judgment which is not regularly revived during the term of the sequestration loses the priority of its lien, and will be postponed to later judgments whose liens have been continuously maintained by revival.</p> <p>A sequestrator was appointed in October, 1880, to sequester the rents of a life estate. No order of sale was granted, and the sequestrator leased the real estate, and applied the rents to the payment of liens and expenses. The sequestrator’s fourth account was filed in 1890, and distribution was made of rents which accrued before that time. The fifth account was filed in March, 1892. The fund was claimed for two judgments. The first or older judgment had not, and the lator judgments had,been continuously revived by writs of sci. fa. Held, that the older judgment had lost its priority of lien and that the fund should be paid to the junior judgment.</p>