In re Huddell
Opinion of the Court
Upon any view of the case permissible under the authorities the decree of the district court must be affirmed.
1. In this contest the assignees in bankruptcy stand upon and can assert the rights only of the bankrupt, Scitzinger. Stewart v. Platt, 101 U. S. 731, 739. Now, it is the settled law of Pennyslvania that the statute which restricts the lien oí a judgment to five years operates only in favor ol purchasers from the debtor and judgment creditors, and as to every one else the lie.n is of unlimited duration. A wand’s Appeal, 34 Pa. St. 151; Brown’s Appeal, 91 Pa. St. 485. Hence the lien oí the several judgments here in question, as against the judgment debtor and his assignees in bankruptcy, was without limit.
2. But in fact revivals took place by service of the writs of sci. fa. upon the defendant in tho judgments; and such revivals were good, without notice to the assignees in bankruptcy, who were not terre-tenants within the meaning of the statute. In re Fulton’s Estate, 51 Pa. St. 212, 213; Wrigley v. Whitaker, 2 Wkly. Notes Cas. 420; Lazear v. Porter, 87 Pa. St. 510.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.