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§ 1706. Execution upon judgment

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 49 P.S. Mechanics' Liens

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 49 P.S. Mechanics' Liens
Chapter 6. Mechanics' Lien Law of 1963 (Refs & Annos)
Article VII. Judgment; Execution; Revival
49 P.S. § 1706
§ 1706. Execution upon judgment
(a) Judgment Essential to Execution. No execution shall issue against the property subject to a claim except after judgment shall have been obtained upon the claim, and within five (5) years from the date of such judgment or a revival thereof.
(b) Conformity to Rules of Civil Procedure. The practice and procedure relating to execution shall be governed by the Pennsylvania Rules of Civil Procedure relating to execution.
(c) Division of Tract. Where only a part of a single tract is subject to the lien of a mechanic's claim, and such part cannot be sold without prejudice or injury to the whole, the court on petition of the owner, claimant or any person in interest may order the entire tract sold and shall equitably distribute the proceeds of sale according to the relative value of the part bound by and that free of the claim. The court may determine the matter itself and for that purpose may receive evidence by deposition or otherwise, or may appoint an auditor to hear the evidence and report to the court.

Credits

1963, Aug. 24, P.L. 1175, No. 497, art. VII, § 706.
COMMENT--JOINT STATE GOVERNMENT COMMISSION 1964 REPORT
Subsection (a). Taken from Section 10, Act of 1901, 49 P.S. 52.
Subsection (b). The special provisions of Section 39, Act of 1901, 49 P.S. 201, relating to sequestration and the provisions providing a three-month stay where the lien property is occupied as a home are deleted. Likewise, the provisions of Section 47, Act of 1901, 49 P.S. 184, relating to leasehold estates, execution sales, and giving the purchaser the option of affirming the lease unless it otherwise provides, are not included. The general Execution Rules of the Supreme Court will govern. Similarly, the provisions of Section 48, Act of 1901, 49 P.S. 160, insofar as they relate to stay of execution proceedings, will also be governed by the Execution Rules of the Supreme Court.
Subsection (c). Taken from Section 14, Act of 1901, 49 P.S. 31. The present Supreme Court Execution Rules do not precisely cover this situation and to prevent any possible question the provisions of former Section 14 have been included.
HISTORICAL AND STATUTORY NOTES
Prior Laws:
1901, June 4, P.L. 431, §§ 10, 14.
49 P.S. §§ 31, 52.
49 P.S. § 1706, PA ST 49 P.S. § 1706
Current through 2018 Regular Session Act 164 (End)
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