Fisher v. Kurtz
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. Amicable action of assmnpsit and case stated for the opinion of the court. The following facts are agreed upon by the counsel for the plaintiffs and defendant, as a case stated for the opinion of the court.
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Error to the District Court of Philadelphia. Amicable action of assmnpsit and case stated for the opinion of the court. The following facts are agreed upon by the counsel for the plaintiffs and defendant, as a case stated for the opinion of the court. It is agreed that Theobald Stoeckel, in his lifetime, was seised and possessed in his own right, in fee simple of a house and lot of ground, and buildings thereon erected, at the north-east corner of Laurel and Budd streets, in the said city; purchased by him in the year 1837; and that he died on or about the first day of January, A. D. 1856;…
1Opinion of the Court
The opinion of the court was delivered by
Knox, J.
This record presents but one question, Does a sale by an executor under a power given by will for the payment of debts, divest the lien of a judgment entered against the testator in his lifetime from the real estate sold ?
That a judicial sale of real estate, whether made upon an exe*50cution issued by the Court of Common Pleas, or upon an order of the Orphans’ Court to the executor or the administrator to pay debts, divests the lien of all judgments and of all mortgages not protected by the Act of 1830, is a principle long since settled. It is…
2Cases cited2 opinions
- Hannum in Error v. Spear, in ErrorSupreme Court of the United States · 1791
- Hannum v. SpearSupreme Court of Pennsylvania · 1795
3Cited by3 opinions
- City of New Castle v. Whaley's HeirsSuperior Court of Pennsylvania · 1931
- Hannum v. SpearSupreme Court of Pennsylvania · 1795
- State College Borough v. Leathers, Pennsylvania Court of Common Pleas, Centre County1933