Lyon ex rel. Conklin v. Cleveland

Supreme Court of Pennsylvania October 7, 1895

Lyon ex rel. Conklin v. Cleveland, 170 Pa. 621 (Pa. 1895)

33 A. 145; 1895 Pa. LEXIS 1442

Fell, Green, McCollum, Sterrett, Williams

Opinion of the Court

Opinion by

Mr. Justice Williams,

This case arises upon the same facts considered in Conklin v. J. C. Cleveland, ante, p. 611, in which case an opinion has just been filed. The judgment now appealed from is that which was rendered by the court below upon the trial on the writ of scire facias issued in 1892, to revive the judgment of 1886 against J. C. Cleveland, defendant, and Florence A. Cleveland, his wife, as terre tenant. The reasons for holding this judgment to be erroneous are stated with sufficient fullness in the opinion just referred to, and we shall do no more at this time than to refer to it as sustaining the judgment now to be entered in this case.

The judgment is reversed.

Reference

Full Case Name: Geo. Lyon to use of Gustavus Conklin v. J. C. Cleveland and Florence A. Cleveland
Status: Published
Syllabus: [Marked, to be reported. ■ Judgment — Revival of judgment — Conveyance of land subject to judgment. Where a judgment creditor revives the lien of his judgment by an amicable scire facias, and about a year afterwards discovers that the owner of the land had secretly conveyed it to his wife, the judgment creditor need take no steps to protect his lien until the appropriate time to revive it, when he may issue a sci. fa. to revive, with notice to the defendant’s wife as terre tenant, and base the proceedings upon the previous revival. If the judgment creditor immediately after the discovery of the secret conveyance, and four years before it is necessary to revive the revived judgment, issues a scire facias to revive the original judgment, his action will not be construed as an abandonment of the lien obtained by the amicable revival, but a judgment on the new writ cannot be sustained.