Philadelphia v. Mason

Citations

• 37 Pa. Super. 478
• 1908 Pa. Super. LEXIS 316

Syllabus

<p>Municipal liens — Registered owner — Scire facias — Judgment—Opening judgment — Act of March 23, 1866, P. L. 303.</p> <p>Where the actual and registered owner of a city lot in the city of Philadelphia against which a municipal lien had been filed, conveys the lot by deed, and the grantee immediately registers his deed in the registry bureau, and subsequently the city files an affidavit in which the grantor is named as the owner or reputed owner of the lot, and that service had been made upon him, and on the same day a sci. fa. is issued against the grantor and is served upon him, and before the return day the grantee’s name is suggested by the city and the use plaintiff as the actual and present owner, but the writ of sci. fa. is not served upon him, a judgment against the grantor for default cannot be sustained, and will be opened at the instance of the grantee. In such a case the entry of the general appearance by the grantee nine years after the claim was filed cannot be construed as a waiver of the defense that the lien of the claim had expired four years before the appearance was entered.</p> <p>Municipal lien — Statutes—Repeal of statutes — Acts of March 23, 1866, P. L. 303, and June 4, 1901, P. L. 364.</p> <p>The Act of June 4,1901, P. L. 364, did not repeal the Act of March 23, 1866, P. L. 303, as to municipal liens filed prior to the date of the later act.</p> <p>Appeals — Municipal liens — Opening judgment — Striking off lien.</p> <p>Where the court of common pleas opens a judgment entered on a municipal lien, but does not strike off the lien, and the plaintiff appeals from the order opening the judgment, and the defendant does not appeal from the refusal to strike off the lien, the appellate court in affirming the order opening the judgment will not in the absence of an appeal by the defendant make an order striking off the lien.</p>