Kirk v. Van Horn

Citations

• 265 Pa. 549

Syllabus

<p>Decedents’ estates — Decedents’ debts — Lien — Proceedings to Tceep lien alive — Notice to widow and heirs — Time within which scire facias must be issued — Judgment—Real estate — Acts of 1700, 1 8m. Laws 7; 1705, 1 8m. L. 57; April 19, 179k, 8 8m. L. US; April k, 1797, S 8m. L. 297; February 2k, l$Sk, P■ L. 73; June 8, 1898, P. L. 892; June lk, 1901, P. L. 562; May 8, 1909, P. L. 386; June 7, 1917, P. L. kk7.</p> <p>1. A proceeding to charge land with the debt of a deceased owner is strictly in rem, and no admission however solemn will dispense with compliance with the statutory provisions in regard thereto.</p> <p>2. Vigilant prosecution in the statutory mode is essential to keeping the lien alive.</p> <p>3. The statutes on the subject are of repose and not of limitation only, and inure to the benefit of the widow and heirs or devisees as well as purchasers.</p> <p>4. A judgment in a suit against the personal representatives of itself creates no lien, but only serves to prevent the lapse of the statutory lien during the time fixed by the statute.</p> <p>5. The widow and heirs or devisees need not be made parties in the first instance to the suit against the personal representatives, but must be made so within the statutory period.</p> <p>6. If suit be brought within the time prescribed for so doing, the lien will continue for five years thereafter, whether judgment be recovered before or during the five-year period.</p> <p>7. The widow and heirs or devisees must be made parties to the action within five years after the time prescribed for commencing the action.</p> <p>8. The genesis of the rule that lands of a deceased owner are assets for the payment of his debts considered and the authorities reviewed.</p> <p>9. Not decided whether the retroactive provision of the Act of June 7, 1917, P. L. 447, is constitutional as against existing creditors, in view of the fact that it gives them no time to protect themselves.</p>