Ludowici Celadon Co. v. Potter Title & Trust Co.
Court of Appeals for the Third Circuit
Appeal from the District Court of the United States for the Western District of Pennsylvania; Charles P. Orr, Judge. In the matter of the estate of John J. Waite, bankrupt. On claim by the Ludowici Celadon Company against the Potter Title & Trust Company, trustee, to share in the proceeds of the sale of real estate by the trustee. From a decree denying the right claimed, claimant appeals.
1Opinion of the Court
BUFFINGTON, Circuit Judge.
The question involved in this case is whether a judgment which is a valid lien against the real estate of a bankrupt in Pennsylvania at the time of his adjudication, but which is not revived by scire facias within five years from its entry, thereby loses its lien against such real estate. The referee and court below held, in an opinion printed in the margin,1 it did, and rejected the judg*1010ment as a lien against the proceeds of the bankrupt’s real estate. Thereupon the judgment plaintiff took this appeal.
*1011We are of opinion the general principle of law decisive of the…
2Cases cited1 opinion
- Zartman v. First Nat. Bank of WaterlooSupreme Court of the United States · 1910
3Cited by10 opinions
- Lockhart v. Garden City Bank & Trust Co.Court of Appeals for the Second Circuit · 1940
- Beecher v. Leavenworth State BankCourt of Appeals for the Ninth Circuit · 1951
- Chicago Gravel Co. v. HowardCourt of Appeals for the Seventh Circuit · 1934
- American Coal Burner Co. v. MerrittCourt of Appeals for the Sixth Circuit · 1942
- McCormick v. Puritan Coal Mining Co.Court of Appeals for the Third Circuit · 1928
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