Pipher ex rel. Foley v. Duke

Superior Court of Pennsylvania
Pipher ex rel. Foley v. Duke, 13 Pa. Super. 279 (1900)
1900 Pa. Super. LEXIS 147
Beaver, Biddle, Orlady, Porter, Rice

Pipher ex rel. Foley v. Duke

Opinion of the Court

Per Curiam,

On August 21, 1890, the plaintiff obtained judgment against *282J. Carlton Duke. On September 3, 1895, an amicable revival of the judgment signed, by J. Carlton Duke alone was entered of record, and on November 10, 1898, a scire facias issued upon tbe last named judgment. On the trial of the issue between the plaintiff and H. J. Duke and W. F. Duke, named as terre-tenants, it appeared that J. Carlton Duke conveyed the premises bound by the lien of the original judgment to H. J. Duke on March 28, 1894, and that the latter conveyed the same to W. F. Duke on April 10, 1897. Unfortunately for the plaintiff, on the date of the amicable revival, the lien of the judgment had expired, and no action of the parties to it could restore it to life as against the land that had been aliened in the mean time, whether the deed to the alienee was on record or not. This seems too plain to require discussion. The letters offered in evidence fail to show a personal undertaking by H. J. Duke to pay the judgment, and even if they did it could not be enforced in this form of proceeding even as against him, much less against W. F. Duke to whom the land had been aliened before the scire facias issued. The court correctly rejected the offers and gave the jury binding instructions to find for the defendante in the issue they were sworn to try.

Judgment affirmed.

Reference

Full Case Name
Anna M. Pipher, Guardian for use of Joseph William Foley, Administrator of Virginia M. Foley v. J. Carlton Duke, and Henry J. Duke and W. F. Duke, Terre-Tenants
Cited By
4 cases
Status
Published
Syllabus
Judgment — Amicable revival after expiration of lien — Terre-tenants. The lien of a judgment having expired prior to an amicable revival thereof, such revival cannot continue the lien against land sold by the debtor prior to such revival and again sold by the vendee to another. On a sei. fa. subsequently issued to revive the judgment letters of the alienee of the debtor tending to show an undertaking by him to pay the judgment were properly rejected as such an understanding could not be enforced in such action either against the alienee of the debtor or his vendee as terre-tenants.