Sleeper v. Hickey

Citations

• 26 Pa. Super. 59
• 1904 Pa. Super. LEXIS 264

Syllabus

<p>Decedent’s estates — Lien on real estate — Continuance of lien — Judgment note — Act of February 24, 1834, P. L. 70.</p> <p>A judgment note of a decedent entered in the office of the prothonotary within five years after the death of the decedent will continue the lien of the debt represented by the note for a further period of five years from the date of filing. While the effect of the entry of the note may not be to create a valid judgment, the entry is the equivalent of the filing of a copy or written statement of the debt within the meaning of the Act of February 24, 1834, P. L. 70.</p> <p>In the above case before the expiration of the five years from the date of the filing of the note, revival proceedings were instituted, and in these proceedings the terre-tenant filed a paper as follows : “ And I confess judgment for said sum as I have assumed the payment of the above debt, interest and costs, and do agree to pay the same.” This paper she signed as ‘1 terre-tenant and owner of the premises that the above judgment is a lien upon.” Following this confession there were several revivals of judgment. Held, that there was no break in the continuity of the lien from the date of the death of the decedent.</p>