Williams's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Chester county. This was an appeal by Richard Williams et al. from the decree of the court, distributing the proceeds of the sheriff’s sale of the real estate of Jesse Moore.
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Appeal from the Common Pleas of Chester county. This was an appeal by Richard Williams et al. from the decree of the court, distributing the proceeds of the sheriff’s sale of the real estate of Jesse Moore. The case was this :— On the 17th of July 1862, by virtue of a writ of venditioni exponas, issued out of the Court of Common Pleas of Chester county, the sheriff of said county sold a farm and mill property belonging to Jesse Moore, out of the proceeds of which some undisputed liens against the said real- estate were satisfied, and the balance, amounting to $1691.75,' paid into court, and…
1Opinion of the CourtAgnew, J.
Here is a judgment, admitted to be unobjectionable in point of honesty, given by a husband to secure his wife’s separate estate. We are asked, in a question of mere distribution, to pronounce it void, upon the legal fiction that they are one person in law. The proposition is shocking to any but the mind of a black-letter lawyer, and is to be denied if it can be resisted, upon any proper legal principle. Unless we must, why should we go back to a period when legal logic, like that of the schools, *309was so metaphysical that rights were subservient to technicality, and substance to form? We should…
2Cases cited8 opinions
- Dorrance v. ScottSupreme Court of Pennsylvania · 1838
- Towers v. HagnerSupreme Court of Pennsylvania · 1838
- Meason's EstateSupreme Court of Pennsylvania · 1835
- In re the Estate of DyottSupreme Court of Pennsylvania · 1841
- Hazelett v. FordSupreme Court of Pennsylvania · 1840
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Tincher, T. v. Omega Flex, Inc., Aplt.Supreme Court of Pennsylvania · 2014
- Ray's EstateSupreme Court of Pennsylvania · 1931
- Fennell's EstateSupreme Court of Pennsylvania · 1904
- Thompson TrustSupreme Court of Pennsylvania · 1943
- Cardamone v. Cardamone, Pennsylvania Court of Common Pleas, Jefferson County1927
1 more not listed; retrieve them via the Exa API.