Specht v. Sipe

Citations

• 15 Pa. Super. 207
• 1900 Pa. Super. LEXIS 324

Syllabus

<p>Lien of judgment — Sci. fa. to revive — Service on personal representatives of decedent.</p> <p>The mere suing out of a writ of scire facias is effectual to continue the lien of a judgment for five years. For the purposes of lien the widow and heirs or devisees of a defendant in a judgment need not be made defendants in a scire facias issued after his death, but within five years after the date of the judgment. In such case, there being no other terre-tenant, the writ is properly served on the personal representatives.</p> <p>Lien of judgment — Standing of purchaser from heir.</p> <p>A purchaser from the heirs or devisees of the defendant in a judgment who takes title after the issuing and service of a scire facias to revive the judgment, has no more rights l han they to contest the lien upon the ground that, they were not, made parties.</p> <p>Presumption of validity of record — When not rebuttable.</p> <p>The fact that there are apparent erasures and interlineations in the record of a judgment does not destroy its validity, the presumption being that they were attributable to clerical mistake of the officer or his clerk, which was corrected as soon as made; this presumption is not rebuttable by parol proof on the trial of a sci. fa. to revive the judgment.</p>