Long v. McConnell

Citations

• 158 Pa. 573
• 28 A. 233
• 1893 Pa. LEXIS 1637

Syllabus

<p>Judgment — Lien—Scire facias — Execution—Sheriff's sale — Act of 1834.</p> <p>Where land subject to the lien of a judgment is conveyed to another, and after the conveyance the judgment is revived against the original owner, but not against his alienee, a sheriff’s sale on an execution under the judgment thus revived, occurring more than five years after the conveyance, passes no title to the land.</p> <p>In such a case the fact that the alienee died while the judgment by virtue of a scire facias was still a lien upon her land, did not indefinitely continue the lien as to her devisees, under § 25 of the act of Feb. 24,1834, P. L. 77. That act is applicable only to a judgment against a decedent which is a lien on his land at the time of his death. It does not regulate the lien of a judgment on land aliened.</p> <p>Conditional conveyance — Husband and wife — Declarations—Parol evidence — Reformation of written instrument.</p> <p>A husband conveyed land by deed to his wife. The. land was subsequently sold as the property of the husband. In an action by the devisees of the wife to recover the land, witnesses for defendant testified to the declarations of the wife to the effect that she “ assumed all the debts of her husband on condition that he would make her a deed for the land; ” also that her husband “had made her a deed and she was to pay the land out.” Held, that (1) there was nothing in the declarations which could be fairly construed into an acknowledgment by the wife that the deed was made upon a parol condition, and (2) that the evidence was not such as is required to annul or reform a written instrument.</p>