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PHILADELPHIA NATIONAL BANK v. TAYLOR (ET AL. (06/17/65)

decided: June 17, 1965.

PHILADELPHIA NATIONAL BANK
v.
TAYLOR (ET AL., APPELLANT)



Appeal from order of Court of Common Pleas of Delaware County, March T., 1956, No. 219, in case of The Philadelphia National Bank v. J. Irvin Taylor et al.

COUNSEL

Roderick D. Mathewson, for appellant.

Francis J. Mirante, with him Hinkson & Cantlin, for appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, and Hoffman, JJ. (Flood, J., absent). Opinion by Jacobs, J.

Author: Jacobs

[ 205 Pa. Super. Page 536]

On March 14, 1956, the appellee bank entered a judgment by confession against J. Irvin Taylor and Bettie Jane Taylor in the Court of Common Pleas of Delaware County. A writ of execution was issued on this judgment on March 9, 1961, which writ was docketed and indexed. The writ was stayed by the appellee on September 7, 1961. A second writ of execution was issued by appellee on March 25, 1964, pursuant to which the Taylors' real estate was sold by the sheriff on May 22, 1964, and purchased by the appellee for $165.00. The sheriff of Delaware County filed a schedule of proposed distribution by which, after the payment of taxes and costs, he proposed to pay the balance of the proceeds of the sale to the appellee on account of its judgment.

[ 205 Pa. Super. Page 537]

The appellant, Sarah Steinberg, is the assignee of a judgment entered against J. Irvin Taylor and Bettie Jane Taylor on June 5, 1956, which was revived by the filing of an amicable scire facias on July 19, 1961. Appellant filed exceptions to the proposed distribution by the sheriff claiming that the balance in the sheriff's hands should be paid to her as the prior lien holder. Appellant claims that the lien of appellee's original judgment was lost by the stay of execution on September 7, 1961, that her judgment having been revived on July 19, 1961, was a prior lien at the time of the sale. The court below dismissed appellant's exceptions to the distribution and this appeal is taken from that order.

The law of liens on real estate in Pennsylvania is controlled by the Judgment Lien Law, Act of July 3, 1947, P. L. 1234, Sections 1 through 8, 12 P.S. 877 to 884 inclusive. All legislation prior to that act is inapplicable. Harris v. Holdi, 181 Pa. Superior Ct. 339.

Section 7(a) of the Judgment Lien Law of 1947, 12 P.S. 883, provides that the holder of any judgment may, within five years after its entry, have execution against any real property bound by the lien of the judgment and thereafter states as follows:

"In the case of real property which is then subject to the lien of the judgment, the execution, when docketed and indexed, shall continue such lien beyond the time it would otherwise have expired. Any lien obtained or continued solely as the result of the docketing and indexing of an execution shall continue only for a period of five years from the indexing of the execution."

In this case the execution begun by appellee was indexed and docketed on March 9, 1961, when the real estate was still subject to the lien of its judgment. The lien, by the specific wording of the above statute, was ...


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