Appeal from order of Superior Court, Oct. T., 1964, No. 702, affirming 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, Bettie Jane Taylor and Sarah Steinberg.
Roderick D. Mathewson, for appellant.
E. F. Cantlin, with him James C. Brennan, and Hinkson & Cantlin, for appellee.
Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Eagen. Mr. Justice Roberts concurs in the result.
This appeal presents for decision the order of priority of two judgment liens. The question arose in the lower court by way of exceptions to the sheriff's schedule of distribution of a fund resulting from a sheriff's sale of defendants' Taylors real estate.
The facts are not in dispute.
On March 14, 1956, the Philadelphia National Bank, appellee, entered judgment against J. Irvin Taylor and Bettie Jane Taylor by virtue of the confession of judgment included in a note in the amount of $9050. This judgment was never revived by writ of scire facias or agreement.*fn1
On June 5, 1956, W. S. McDowell Company entered judgment against the Taylors in the sum of $500. This judgment was subsequently assigned to Sarah Steinberg,
the appellant, and was revived by a writ of scire facias issued July 19, 1961.
At the time both judgments were entered, the Taylors were the record title owners of the real estate involved.
On March 9, 1961, appellee caused a writ of execution to issue on its judgment, which was docketed and indexed. No sale ensued thereon and the writ was voluntarily stayed ...