Little v. Smyser
Supreme Court of Pennsylvania
In error from the Common Pleas of Adams. This was a scire facias, issued in 1847, on a, judgment recovered against Little, in 1842, to revive the same against the defendant and terre-tenants. The terre-tenants pleaded that the judgment on which the sci. fa. issued had been entered on the 2d May, 1842, on an amicable sci. fa. to revive, &c. That afterwards, in 1842, the defendant, Little, had aliened certain lands to the terretenants, defendants, who had paid for the same.
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In error from the Common Pleas of Adams. This was a scire facias, issued in 1847, on a, judgment recovered against Little, in 1842, to revive the same against the defendant and terre-tenants. The terre-tenants pleaded that the judgment on which the sci. fa. issued had been entered on the 2d May, 1842, on an amicable sci. fa. to revive, &c. That afterwards, in 1842, the defendant, Little, had aliened certain lands to the terretenants, defendants, who had paid for the same. That, in the year 1843; the plaintiff had impleaded the defendant, Little, in an amicable sci. fa. to revive the said…
1Opinion of the CourtBell, J.
This ease is ruled by Fursht v. Overdeer, 3 W. & S. 470, with which it is identical in principle. That was determined under the well settled doctrine, that a judgment recovered in a scire facias sued out to revive and continue the lien of a prior judgment, being quod recuperet, is, for some purposes, considered *383in the nature of a new judgment, hut yet does not operate to merge and extinguish the former judgment, of which it is an extension, so as to take away the rights of the plaintiff under it. The original judgment still subsists, for the,purposes of lien, notwithstanding a further lien…
2Cases cited3 opinions
- Berryhill v. WellsSupreme Court of Pennsylvania · 1812
- Fursht v. OverdeerSupreme Court of Pennsylvania · 1842
- Collingwood v. CarsonSupreme Court of Pennsylvania · 1841
3Cited by7 opinions
- First National Bank & Trust Co. v. MillerSupreme Court of Pennsylvania · 1936
- Le Bar, to Use v. PattersonSuperior Court of Pennsylvania · 1936
- Simmons v. SimmonsSuperior Court of Pennsylvania · 1942
- Corn v. Brigham, Pennsylvania Court of Common Pleas, Beaver County1946
- First National Bank v. Jermyn, Pennsylvania Court of Common Pleas, Lackawanna County1948
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