Groyer v. Boon
Groyer v. Boon
Opinion of the Court
No objection was made to the judgment obtained against the administrator of William L. Kitts upon the scire facias. If the executions and sale had been upon this judgment, it is conceded such sale would have been regular. A scire facias was subsequently issued under the act of 1834, to bring in the
It is sufficient to say in regard to the first objection that it was unnecessary to bring in the widow and heirs under the act of 1884. It was held in Middleton v. Middleton, 106 Pa. 252, that where a judgment has been recovered against a man in his lifetime, it may be revived after bis death, for the purpose of lien and execution, et quare executionem non, issued against his personal representatives alone. In such case it is unnecessary to bring in the widow and heirs by scire facias against them. See also Riland v. Eckert, 23 Pa. 215; McMillan v. Red, 4 W. & S. 237. If we concede that the proceeding to bring in the widow and heirs was irregular, it has injured no one and the judgment against the administrator was certainly good. In regard to the second ground of objection, it may be admitted that the proper practice is to issue the execution upon the original judgment and not upon the judgment recovered upon the scire facias: Irwin v. Nixon, 11 Pa. 419. This, however, is but an irregularity and cannot affect
We regard the levy as a levy upon the lands of the decedent. A levy on the actual lands left by the decedent, under an execution issued on a judgment against the administrator, followed by a sale, vests a good title in the purchaser: Jones v. Gardner, 4 W. 416; Middleton v. Middleton, 106 Pa. 252. The fact that the interest of the widow and heirs was also levied upon did no harm. It was the administrator who represented the decedent, and upon the execution against him the levy was not upon his lands but upon the lands of the decedent. Aside from this the defendant was entitled to the protection of the act of 1705.
Judgment affirmed.
Reference
- Full Case Name
- GEORGE GROYER v. JACOB BOON
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- 6 cases
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- 1. A judgment entered against a defendant in Ms lifetime maybe revived after Ms death, for purposes of lien and execution, by scire facias against his administrator alone, and it is unnecessary to bring in the widow and heirs or devisees under § 34, act of February 24, 1834, P. L. 80. 2. It is the proper practice, after a judgment of revival, to issue the execution upon the original judgment: Irwin v. Nixon, 11 Pa. 419, and not upon the judgment on the scire facias; yet, when the issuance is upon the latter, it is but an irregularity which cannot affect the title of a purchaser at sheriff’s sale. 3. If, after a judgment of revival against the administrator of the defendant, judgment is obtained in a second scire facias, issued against the widow and the guardian of minor children, a sheriff’s sale of the decedent’s lands upon executions following the latter judgment will vest a good title in the purchaser.