Opinion
December 2, 1942.
January 4, 1943.
Judgments — Lien — Conveyance by judgment debtor — Recording — Terre-tenant — Judgment not revived against judgment debtor within five years.
Where land, subject to a valid judgment, is conveyed by deed, which is recorded within five years from the entry of the judgment, the lien of the judgment binds the land in the possession of the terre-tenant for a period of five years from the date of the recording of the deed, even though the judgment is not subsequently revived against the judgment debtor by scire facias within five years of the entry of the judgment.
Argued December 2, 1942.
Before SCHAFFER, C. J.; MAXEY, DREW, LINN, STERN, PATTERSON and PARKER, JJ.
Appeals, Nos. 285 and 286, Jan. T., 1942, from respective judgments of Superior Court, Feb. T., 1942, No. 9, and Oct. T., 1941, No. 61, in cases of Pearl Simmons v. David Simmons, deceased, et al. and Rebecca Ellinger v. Gottlieb Krach et al., C. P. Luzerne Co., July T., 1940, No. 187, and C. P. Clearfield Co., Sept. T., 1940, No. 286. Judgments affirmed.
Proceeding upon scire facias sur judgment. Case stated.
Judgment entered in favor of defendant, terre-tenant, opinion by APONIK, J. Plaintiff appealed to Superior Court, which reversed the judgment of the court below. Appeal by defendant allowed to Supreme Court.
Albert H. Aston, for appellant (No. 285).
No appearance was made nor brief filed for appellee.
John R. Umsted, for interested party.
Proceeding upon scire facias to revive judgment.
Affidavit of defense raising question of law, filed by terre-tenant overruled and judgment entered in favor of plaintiff, opinion by SMITH, P. J. Defendant appealed to the Superior Court, which affirmed the judgment of the court below. Appeal by defendant, terre-tenant, to Supreme Court allowed.
The opinions of the Superior Court are reported in 150 Pa. Super., pp. 393 and 384.
John J. Pentz, of Pentz Pentz, for appellant (No. 286).
F. Cortez Bell, with him Bell Brockbank, for appellee.
These appeals to the Superior Court, one from the Common Pleas of Luzerne County, the other from the Common Pleas of Clearfield County, were certified to this court pursuant to section 10 of the Act of June 24, 1895, P. L. 212, 17 PS sections 197, 198. In the certificate it was stated that "the same legal question is involved in both of the above appeals."
In the first case, an opinion reversing the judgment appealed from was written by President Judge KELLER, from which Judges KENWORTHEY and RHODES dissented. In the second, affirming the judgment appealed from, the opinion was written by Judge HIRT, Judge RHODES dissenting.
The question for decision was stated by President Judge KELLER to be: "Where land, subject to a valid judgment, is conveyed by deed, which is at once recorded, does the lien of the judgment bind the land in the possession of the terre-tenant for a period of five years from the date of the recording of the deed, even though the judgment was not subsequently revived against the judgment debtor by scire facias within five years of the entry of the judgment?" The question was answered in the affirmative.
We adopt the judgment of the Superior Court rendered in each of the cases.
Judgments affirmed.