Cathcart v. Potterfield
Supreme Court of Pennsylvania
APPEAL from the decree of the common pleas of Dauphin county, distributing the proceeds of the sale of the real estate of Robert Potterfield, Sen. The only question which arose in this case was, whether a scire facias post annum, et diem issued within five years from the rendition of a judgment upon a former scire facias, and after the period of five years had elapsed from the return day of the writ, would preserve the lien of the judgment.
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APPEAL from the decree of the common pleas of Dauphin county, distributing the proceeds of the sale of the real estate of Robert Potterfield, Sen. The only question which arose in this case was, whether a scire facias post annum, et diem issued within five years from the rendition of a judgment upon a former scire facias, and after the period of five years had elapsed from the return day of the writ, would preserve the lien of the judgment. The court (Blythe, President) ruled that it would. cited Arrison v. The Commonwealth, 1 Watts 397; Penn v. Hamilton, 2 Watts 53; Vitry v. Dauci, 3 Rawle…
1Per curiam
The point in contest was determined in the case of Meason’s Estate, 4 Watts 342, where it was held that the period of five years runs, not from the return of the scire facias, but from the judgment of revival — a decision that rules the point raised here.
Decree affirmed.