Neely v. Grantham
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Adams county: To May Term 1868, No. 34. ' This case was argued in May 1867 before Woodward, C. J., Thompson, and Agnew, JJ., Judges Strong and Read having been absent. The judgment was then affirmed, Agnew, J., dissenting. A reargument was ordered, which was heard at this time.
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Error to the Court of Common Pleas of Adams county: To May Term 1868, No. 34. ' This case was argued in May 1867 before Woodward, C. J., Thompson, and Agnew, JJ., Judges Strong and Read having been absent. The judgment was then affirmed, Agnew, J., dissenting. A reargument was ordered, which was heard at this time. It was an attachment-execution on a judgment recovered, July 22d 1866, by Joseph W. Grantham against Jonathan W. Neely for $1037.87. John Neely by his will, proved November 8th 1848, gave to his wife the farm on which he lived for life for the support of herself and their children.…
1Opinion of the Court
The following opinion, in which Bead, J., concurred, was delivered, July 2d 1868, by
Thompson, C. J.
The judgment below must be sustained, if at all, on the sufficiency of the levy on the attachment of the defendant’s interest in his father’s estate, that interest being at the timé real estate. It is firmly settled with us, that the equitable conversion of realty into personalty, by force of a direction in a deed or will to sell, only takes place where the direction is positive and absolute: Nagle’s Appeal, 1 Harris 260. And this', as well as other cases, to which reference will be made, will…
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