Uhler v. Moses

Citations

• 200 Pa. 498
• 50 A. 231

Syllabus

<p>Judgment—Revival of judgment—IAen—Statutes—Repeal—Acts of April 16, 1849, P. L. 663, and June 1, 1887, P. L. 289.</p> <p>The Aet of April 16,1849, P. L. 663, whioh provides that “ When a judgment has been regularly revived between the original parties, the period of five years during which the lien of the judgment continues shall only commence to run in favor of the terre-tenant from the time that he or she has placed their deed on record,” is not repealed by the Aet of June 1, 1887, P. L. 289, which provides that “ No proceeding shall be available to continue the lien of said judgment against a terre-tenant, whose deed for the land bound bj- said judgment has been recorded, except by agreement, in writing, signed by said terre-tenant and entered on the proper docket, or the terre-tenant, or terre-tenants, be named as such in the original scire facias.” There is no real repugnancy between the two acts.</p> <p>Where at the time of the issue of a scire facias to revive a judgment, a deed is on record from the judgment debtor, and the terre-tenant is not named in the scire facias, the landis relieved from the lien of the judgment.</p> <p>To work a repeal of one statute by another because of repugnancy, the repugnancy must be clear, palpable and beyond honest dispute.</p> <p>It was probably the intention of. the legislature in passing the act of June 1, 1887, to stop the irregular practice of issuing a scire facias to revive a judgment against the original debtor, and at the same time directing the sheriff to give notice to all terre-tenants, without designating them by name.</p>