Sylvester v. DeWitt

Citations

• 34 Pa. Super. 205
• 1907 Pa. Super. LEXIS 105

Syllabus

<p>Execution — Judgment—Lien—Testatum fi. fa. — Scire facias to r&oive —Acts of June 16,1836, P. L. 755, and May 19,1887, P. L. 132.</p> <p>By operation of the Act of June 16,1836, P. L. 755, a writ of testatum fieri facias entered by the prothonotary in another county becomes a lien in that- county on the real estate of the defendant from the date of such entry unless sooner paid, and that, whether the lien of the original judgment is continued or not. The lien so obtained expires at the end of five years, although the judgment upon which it was issued may .continue to be a lien in the county where it was entered.</p> <p>The Act of May 19, 1887, P. L. 132, which authorizes the issue of execution against personal property under a judgment which has lost its lien upon real estate, without a previous writ of scire facias to revive, does not repeal the Act of June 16, 1836, sec. 80, P. L. 755, declaring the effect of a testatum fi. fa. as to lien on real estate.</p> <p>If it be conceded that a judgment must be revived before a testatum fi. fa. may issue, the restriction is in favor of the defendant, and is one which he may waive. An execution creditor has no standing to object to the testatum writ because it was issued before the revival of the judgment.</p>