Gregory's Exrs. v. Commonwealth
Supreme Court of Pennsylvania
EBBOB TO THE COURT OF COMMON PLEAS OF FULTON COUNTY.* No. 20 May Term 1888, Sup. Ct.; court below, No. 67 June Term 1887, C. P. On April 22, 1887, a scire facias sur recognizance in tbe Orphans’ Court, was issued in the name of the Commonwealth of Pennsylvania, for use, against Henry Gregory and D. C. Spitzer, executors of James Gregory, deceased, to enforce the payment of the share of John Gregory in the real estate of Joseph Gregory, deceased.
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EBBOB TO THE COURT OF COMMON PLEAS OF FULTON COUNTY.* No. 20 May Term 1888, Sup. Ct.; court below, No. 67 June Term 1887, C. P. On April 22, 1887, a scire facias sur recognizance in tbe Orphans’ Court, was issued in the name of the Commonwealth of Pennsylvania, for use, against Henry Gregory and D. C. Spitzer, executors of James Gregory, deceased, to enforce the payment of the share of John Gregory in the real estate of Joseph Gregory, deceased. The defendants pleaded payment. At the trial on October 10, 1887, it was made to appear that Joseph Gregory, a resident of Fulton county, died…
1Opinion of the Court
Opinion,
Mr. Justice Clark :
This is a proceeding by scire facias upon a recognizance, taken in the Orphans’ Court of Fulton county, in the partition of the real estate of Joseph Gregory, who died intestate some time prior to the year 1856. The real estate of the decedent was on the 13 January, 1866, accepted at the valuation by J ames Gregory, and the recognizance in suit was given to secure the share of John Gregory, who, at that time and until his decease in 1878, resided in the state of Indiana.
No suit was brought, nor does it appear that any specific demand for payment of the money secured…
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