Shannon v. Newton

Citations

• 132 Pa. 375
• 19 A. 138
• 1890 Pa. LEXIS 824

Syllabus

<p>1. To a bona fide purchaser at sheriff’s sale of lands subsequently in dispute in ejectment, § 9, act of 1705, 1 Sm. L. Cl, is a complete protection against every defect or irregularity, except when the defect or irregularity appears upon the face of the judgment on which the land was sold.</p> <p>2. Wherefore, the purchaser’s title cannot be affected by the fact that some months after the judgment in seire facias under which the land was sold, the plaintiff was adjudged a lunatic, and that the lunacy related back to a period anterior to the service of tlxe scire facias.</p> <p>3. A devisee is a mere volunteer, taking subject to the payment of his testator’s debts, and not a terre-tenant; a judgment, therefore, obtained against a decedent in his lifetime remains a lien against him, his heirs and devisees, without revival by scire facias issued within five years after its entry.</p> <p>4. And the law in this respect has not been changed by the act of June 1, 1887, P. L. 289, providing that no judgment shall continue a lien on land longer than live years, unless revived “within that period by agreement of (he parties and terre-tenants filed in writing,.....or a writ of seire faeias.”</p>