Kistler v. Mosser
Supreme Court of Pennsylvania
No. 52 July Term 1890, Sup. Ct.; court below, No. 79 April Term 1890, C. P. On February 25,1890, an amicable action between J. P. P. Kistler, executor of Rebecca Kistler, deceased, plaintiff, and D. & J. Mosser, defendants, was entered in tbe court below, a case being stated for the opinion of the court, setting forth as follows: “ Jonas Gildner and wife made an assignment for tbe benefit of creditors to E. K. Gildner, by deed dated February —, 1889. On April 29,1889, said…
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No. 52 July Term 1890, Sup. Ct.; court below, No. 79 April Term 1890, C. P. On February 25,1890, an amicable action between J. P. P. Kistler, executor of Rebecca Kistler, deceased, plaintiff, and D. & J. Mosser, defendants, was entered in tbe court below, a case being stated for the opinion of the court, setting forth as follows: “ Jonas Gildner and wife made an assignment for tbe benefit of creditors to E. K. Gildner, by deed dated February —, 1889. On April 29,1889, said assignee made application to the Common Pleas of Lehigh county for an order of sale to sell assignor’s real estate, and…
1Opinion of the Court
Opinion,
Mr. Justice Clark:
In the revival of a judgment by scire facias, it is not required, in order to continue the lien, that the amount of the principal and interest then due shall be liquidated. A general judgment upon the scire facias, that the judgment be revived for another *372period of five years, is sufficient. The judgment of revival in such case points the subsequent purchaser or encumbrancer to the original, where the amount is fixed, and the liquidation is a mere matter of calculation: Fogelsville Ass’n’s App., 89 Pa. 293. But it is desirable in most cases, that liquidation of the…
2Cases cited5 opinions
- Ridgway, Budd & Co.'s AppealSupreme Court of Pennsylvania · 1850
- Coyne v. SoutherSupreme Court of Pennsylvania · 1869
- Bear v. PattersonSupreme Court of Pennsylvania · 1842
- Mehaffy's AppealSupreme Court of Pennsylvania · 1844
- Appeal of Fogelsville Loan & Building Ass'nSupreme Court of Pennsylvania · 1879
3Cited by3 opinions
- In Re RorieUnited States Bankruptcy Court, E.D. Pennsylvania · 1989
- Fehr v. Worden, Pennsylvania Court of Common Pleas, Dauphin County1933
- First National Bank v. Jermyn, Pennsylvania Court of Common Pleas, Lackawanna County1948