Pennsylvania Act 1907-30 — VALIDATING SALES OF REAL ESTATE

Act text

VALIDATING SALES OF REAL ESTATE
                  Act of Mar. 28, 1907, P.L. 34, No. 30               Cl. 68
                                  AN ACT

     To validate sales of real estate upon writs of levari facias,
        awarded upon judgments obtained upon writs of scire facias
        sur mortgage, issued subsequent to the passage of an act,
        entitled "An act relating to the service of certain process
        in actions at law, and to the effect thereof, and providing
        who shall be made parties to certain writs," approved the
        ninth day of July, Anno Domini one thousand nine hundred and
        one, and prior to the passage of this act, in all cases
        where, by reason of the death of the original mortgagors
        intestate, and no administration had upon their estates prior
        to the issuing of the writ of scire facias, or where they,
        being nonresidents of the county wherein the mortgaged
        premises was situated, had aliened the same prior to the
        issuing of the said writs, no service of the same was had
        upon said mortgagors, but in which the affidavit required by
        division ten of section one of said act has been filed with
        the praecipe, and service of the writs duly made upon, or
        accepted for, the parties named in said affidavit as the
        owners of the premises described in the writs,--so as to vest
        in the purchasers at such sales the title to said real
        estate, with the same force and effect as if service of the
        writs of scire facias had been made upon the original
        mortgagors, or their legal representatives, in accordance
        with the act of Assembly in force prior to the passage of
        said act of July ninth, Anno Domini nineteen hundred and one.

        Section 1.  Be it enacted, &c., That in all cases in which
     writs of scire facias sur mortgage have been issued subsequent
     to the passage of an act, entitled "An act relating to the
     service of certain process in actions at law, and the effect
     thereof, and providing who shall be made parties to certain
     writs," approved the ninth day of July, Anno Domini one thousand
     nine hundred and one, and prior to the passage of this act, and
     where by reason of the death of the original mortgagors
     intestate, and no administration had upon their estates prior to
     the issuing of the writ of scire facias, or where they, being
     non-residents of the county wherein the mortgaged premises was
     situated, had aliened the same prior to the issue thereof, no
     service of said writ was had upon said mortgagors; but in which
     the affidavit required by division ten of section one of said
     act of July ninth, one thousand nine hundred and one, has been
     filed with the praecipe, and service of the writs of scire
     facias duly made upon or accepted for the parties named in said
     affidavit as the owners of the premises described in said writ,
     and the real estate, bound by the liens of the mortgages upon
     which said writs of scire facias sur mortgage issued, has been
     sold by the sheriff of the proper county by virtue of writs of
     levari facias awarded upon judgments entered in such actions,
     the sales so made shall and the same are hereby declared to be
     valid and effectual to vest in the purchasers at such sales the
     title to said real estate, with the same force and effect as if
     service of the writs of scire facias had been made upon the
     original mortgagors, or their legal representatives, in
     accordance with the acts of Assembly in force prior to the
     passage of said act of July ninth, Anno Domini one thousand nine
     hundred and one.
        Provided, however, That this act shall not apply to any case
     which shall have heretofore been judicially adjudicated.