
    Kiehner against Dengler.
    A terre tenant having had an opportunity to defend his title against the lien of a judgment, and not having availed himself of it, is concluded; and a purchaser at a sheriff’s sale upon such judgment revived with notice to the terre tenant, is entitled to recover the land in ejectment against him.
    APPEAL from the circuit court of Schuylkill county.
    This was an action of ejectment by William KieKner and Peter Filbert against George Dengler, for three acres of land.
    Plaintiffs and defendants claimed title under Jacob Dreibelbis, in whom the land in dispute was vested the 16th of October 1799.
    Plaintiffs’ title founded upon the following evidence, to wit:
    1819, 27th July, judgment at the suit of Jacob Reber against Jacob Dreibelbis and Daniel Dreibelbis, entered up to July term 1819, 400 dollars.
    1828, October term, fieri facias, issued the .6th September 1828, levied on the land in dispute.
    1828, December term, venditioni exponas, to which sheriff returned, land knocked down to Berger and others, who did not pay, and therefore unsold for want of buyers.
    1829, July term, alias venditioni exponas, to which the sheriff returned, land sold to William Kiehner and Peter Filbert, the plaintiffs in this suit.
    1829, July 23, sheriff’s sale to plaintiffs, who were previously served with notice of defendants’ claims. 1
    1829, July 28, the sheriff executed a deed to the plaintiffs for the land in question.
    1829, March term, scire facias, issued at the suit of the said Jacob Reber against the said Jacob Dreibelbis and Daniel Dreibelbis, to revive the said judgment for another period of five years, to which the sheriff returned, served on Jacob Dreibelbis, one of the defendants, and on George Dengler, terre tenant.
    No appearance was entered for either defendants, nor for George Dengler.
    
    1829, July 31, the following entry was made upon the record, to wit: on motion of C. Loeser, the court order that the judgment be revived for another period of five years.
    Defendants, the heirs of George Dengler, claimed to hold the land in question by virtue of a deed of conveyance, executed the 11th of August 1828, by Jacob Dreibelbis to George Dengler, the defendants’ intestate. •
    Upon which state of facts the court charged the jury, if George Dengler intended to claim and hold the land in dispute under this deed, or by any other means, it was his duty to have appeared in court after having been served with the writ of scire facias, and asserted his claim; having, however, declined to do so, he is concluded and estopped from doing it now, his deed cannot avail hirm
    The counsel for defendants moved the court for a new trial, alleging error in the above stated charge of the court. Motion overruled, and judgment entered for plaintiffs, from which defendants appeal.
    
      Bannon and Biddle, for appellant,
    cited, 1 Penns. Rep. 152.
    
      Loeser, contra, cited,
    1 Serg. & Rawle 540; 13 Serg. & Rawle 444; 17 Serg. & Rawle 319.
   Judgment affirmed.  