Curtze v. Ostrow

Kitts, P. J.,

This interesting case comes before the court on account of a plea in the nature of an affidavit of defense to a scire facias by virtue of section 20 of the Practice Act of May 14,1915, P. L. 483. The only question before this court is whether the scire facias filed by Rose A. Curtze, plaintiff, on March 16, 1940, was in strict compliance with section 15 of the Fiduciaries Act of June 7, 1917, P. L. 447, so as to continue a lien of a judgment against the real estate of decedent, Samuel D. Ostrow.

This arises out of the following facts which were agreed upon by counsel for both…