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WALTON v. SHARPNACK (01/05/54)

January 5, 1954

WALTON
v.
SHARPNACK, APPELLANT



Appeals, Nos. 149 and 150, March T., 1952, from orders of Court of Common Pleas of Greene County, Sept. T., 1951, Nos. 24 and 25, in case of J. M. Walton, for use, v. Roy Sharpnack, and Same v. T. R. Sharpnack. Orders affirmed.

COUNSEL

Sanford G. Finder, with him David H. Weiner and Lloyd E. Pollock, for appellant.

W.C. Montgomery, with him Hugh G. Montgomery and Montgomery & Montgomery, for appellee.

Before Stern, C.j., Stearne, Jones, Bell, Chidsey, Musmanno and Arnold, JJ.

Author: Arnold

[ 376 Pa. Page 279]

OPINION BY MR. JUSTICE ARNOLD

In 1933 two judgments were entered by J. M. Walton against the Sharpnack Motor Company et al. Both of these judgments lost their lien on real estate. After suggestions of death and substitution of an administrator d.b.n.c.t.a. on the estate of J. M. Walton, a scire facias to revive said judgments was filed on August 24, 1949, and duly served and indexed in the prothonotary's office.

Without anything more these judgments were a lien on real estate of the defendant from August 24, 1949. On February 3, 1951, judgments were taken on the writs of scire facias. Writs of fieri facias were issued and the real estate of the defendants sold, thus creating a fund for distribution.

The Secretary of Banking entered two judgments against Sharpnack Motor Company et al., which also lost their liens on real estate. These judgments passed by assignments to Wilda M. Sharpnack, the present appellant. They were revived by amicable scire facias as to each filed on August 31, 1949.

The writs of scire facias on the Walton judgments having been issued on August 24, and the plaintiff having thereafter filed an amicable scire facias on each of them, it is contended by the appellant that the liens of those judgments date not from August 24, 1949 (the date of the writs of scire facias), but from

[ 376 Pa. Page 280]

    the date of the filing of the amicable scire facias on September 9, 1949, thus leaving the priority with the appellant from August 31, 1949.

This contention is made on the basis that the filing of the amicable scire facias on each of the Walton judgments must be considered as waivers of the liens of those judgments obtained by adverse writs of scire facias. The court below refused to sustain this ...


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