Fidelity & Deposit Company of Maryland v. Keiper

Opinion by

Rhodes, P. J.,

This appeal involves three successive revival proceedings based on a judgment which was a lien on the property of appellant, the terre-tenant, when the first writ of scire facias to revive was issued. The matter was heard before a judge without a jury who held that the first judgment entered on the scire facias to revive the original judgment was not valid under the Act of June 1, 1887, P. L. 289 (which amended the Act of March 26, 1827, P. L. 129), 12 PS §868, because the terre-tenant was not named in the writ of scire facias, and that the first revival being void the…