Rankin v. Rinehart

Citations

• 66 Pa. Super. 385
• 1917 Pa. Super. LEXIS 272

Syllabus

<p>Judgment — Lien—Lien against real estate of decedent — Statute of limitations — Statute of repose — Remedy—Act of May 8, 1909, P. L. 886.</p> <p>Where a judgment was originally entered in 1903, was revived on May 22, 1908, and the defendant in the judgment died on September 21, 1908, a scire facias to revive issued on July 1, 1915, cannot be sustained, inasmuch as the plaintiff in the judgment had allowed more than five full years after the defendant’s death and more than five full years after the passage of the Act of May 5, 1909, P. L. 386, to elapse without attempting to revive the lien of the judgment.</p> <p>The Act of May 3, 1909, P. L. 386, is an act of repose, affecting the remedy and not the cause of action, and is one that it is competent for the legislature to enact.</p> <p>Where the lien of a judgment against decedent’s estate has been lost by reason of failure to revive it within the proper time, a devisee of the land i¿ not estopped on a scire facias to revive to take defense under the Act of May 3,1909, P. L. 386, because she made a verbal promise to the executor that she would pay the decedent’s debts, including the judgment in question.</p>