Lyon ex rel. Conklin v. Cleveland

Citations

• 170 Pa. 621
• 33 A. 145
• 1895 Pa. LEXIS 1442

Syllabus

<p>[Marked, to be reported.</p> <p>■ Judgment — Revival of judgment — Conveyance of land subject to judgment.</p> <p>Where a judgment creditor revives the lien of his judgment by an amicable scire facias, and about a year afterwards discovers that the owner of the land had secretly conveyed it to his wife, the judgment creditor need take no steps to protect his lien until the appropriate time to revive it, when he may issue a sci. fa. to revive, with notice to the defendant’s wife as terre tenant, and base the proceedings upon the previous revival.</p> <p>If the judgment creditor immediately after the discovery of the secret conveyance, and four years before it is necessary to revive the revived judgment, issues a scire facias to revive the original judgment, his action will not be construed as an abandonment of the lien obtained by the amicable revival, but a judgment on the new writ cannot be sustained.</p>