66 Pa. Super. 385 | Pa. Super. Ct. | 1917
Opinion by
Although the case at bar is not ruled by. Brubaker’s Est., 59 Pa. Superior Ct. 109, the judgment we are compelled to enter here is clearly foreshadowed in the reasoning of the opinion of President Judge Bios in the case cited. The earlier statutes on the subject of the liens of judgments against the lands of deceased debtors were there carefully reviewed and their language and scope, as compared with the Act of May 3, 1909, P. L. 383, pointed out. The marrow of the decision in that case is clearly stated in these excerpts from the opinion. “It is to be presumed that the legislature knew of the construe
The material facts of the case at bar are thus stated by the auditor whose careful opinion was adopted by the learned court below: “The important dates are these: May 22, 1908, judgment revived and continued as a lien on the real estate in question; September 21, 1908, George Barnes, owner of the land encumbered by the judgment, died; May 3,1909, date of passage of .the Act of Assembly; July 1,1915, amicable revival of the judgment entered May 22, 1908.” It is thus apparent the
We cannot excise from the operation of the statute all judgments that had been entered prior to its enactment. The legislative intent is too clearly expressed. We quote the language of the act: “All judgments which at the time of the death of a decedent shall be a lien on his real estate shall continue, etc.” Nor is it possible, at this late day, to successfully argue it is not competent for the legislature to enact such a statute. Viewed from the standpoint of the common weal, statutes .of limitation are statutes of repose. It is, it always has been, to the interest of the State there should be within some reasonable time, to be defined by the lawmaking power, an end to litigation. The question was fully considered by this court in Shelly v. Dampman, 1 Pa. Superior Ct. 115, whére the decisions of the Supreme Court of the United States were reviewed and followed. In Bowden v. The Philadelphia, W. & B. Railroad Company, 196 Pa. 562, the subject of statutes of limitation, operating only on the remedy and not on the cause of action, was again carefully considered and the right of the legislature to enact such statutes was clearly upheld by our own Supreme Court. There remains nothing more for us to say on this branch of the case.
It is urged, however, upon our consideration the present devisee of the land in question is estopped to take defense under the Act of 1909 because she made a verbal promise to the executor of her husband’s will she would
The assignments of error are overruled and the decree of the court below dismissing the exceptions to the auditor’s report is affirmed. The appeal is dismissed at the cost of the appellant.