Legal Opinion

Campbell's Estate

Superior Court of Pennsylvania

Decided March 12, 1903No. 2; Appeal, No. 15PublishedCited by 2 opinions

Appeal, No. 15, Jan. T., 1903, by J. B. Robinson, from decree of O. C. Columbia Co., Sept. T., 1901, No. 14, sustaining exceptions to auditor’s report in estate of N. L. Campbell, deceased. Exceptions to report of William Cbrisman, Esq., auditor. The facts are stated in the opinion of the Superior Court. Errors assigned were in sustaining exceptions to auditor’s report.

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Appeal, No. 15, Jan. T., 1903, by J. B. Robinson, from decree of O. C. Columbia Co., Sept. T., 1901, No. 14, sustaining exceptions to auditor’s report in estate of N. L. Campbell, deceased. Exceptions to report of William Cbrisman, Esq., auditor. The facts are stated in the opinion of the Superior Court. Errors assigned were in sustaining exceptions to auditor’s report. A scire facias that does not correctly recite the original will not continue the lién, not even though amended by leave of court after the expiration of five years : Arrison v. Commonwealth, 1 Watts, 374; Woman’s Appeal, 110…

1Opinion of the Court

Opinion by

Smith, J.,

N. L. Campbell died on or about June 27, 1896. His real estate was sold, May 1, 1897, for payment of debts. Among the latter were two judgments, and the question here is whether the lien of these had been preserved, or had lapsed by failure to revive. Prior to the last proceedings for their revival, they stood in the name of Benjamin Miller as plaintiff.

The first judgment was originally entered in 1875, and its lien was regularly continued by revival until February 25, 1890, when an amicable judgment of revival was entered to No. 70, May term, 1890. The second judgment was…

2Cases cited2 opinions

  1. Armstrong v. City of LancasterSupreme Court of Pennsylvania · 1836
  2. M'Kinney v. MehaffeySupreme Court of Pennsylvania · 1844

3Cited by2 opinions

  1. Vaselenak v. Moxham National Bank, Pennsylvania Court of Common Pleas, Cambria County1936
  2. Walton v. SharpnackSupreme Court of Pennsylvania · 1954

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