Philadelphia v. Peyton

Citations

• 25 Pa. Super. 350
• 1904 Pa. Super. LEXIS 70

Syllabus

<p>Municipal lien — Notice to ovmer — Registered owner — Acts of March 14, 1865, P. L. 320, and March 29, 1867, P. L. 600 — Registration in Philadelphia county.</p> <p>When title to propertyhas not been registered in the city of Philadelphia at the time a municipal claim accrues as a lien of record, the mention of the name of the owner in connection with the assessment of the land is only required as descriptive of the land ; and when the assessment and the claim within themselves clearly and absolutely identify the land, that is all that is required. The owner of land who has not registered his title is left in the same position which he would have occupied if the Acts of March 14, 1865, P. L. 320, and March 29,1867, P. L. 600, had never been enacted; his property may be sold under proceedings to which he is not made a party and of which he has no notice.</p> <p>If at the time judgment is entered upon an original soire facias sur municipal lien, there is no registered owner, it is not incumbent upon the city to make the owner who several years after registers his title a party to the scire facias which later issues to continue the lien. In such a case at a trial upon the scire facias to revive, the fact that no evidence is offered that notice was given to the owner of the property to do the work, and that it was done by the city because of his failure, cannot operate to defeat the right of the city to a judgment upon the verdict. The original judgment was conclusive as to all questions of fact of this nature.</p> <p>Judgment — Scire facias to revive — Defenses.</p> <p>On a scire facias to revive a judgment no defense can be made except one that has arisen since the judgment.</p>