Fenton v. Fisher
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, of Montgomery county: Of July Term, 1883, No. 76. The material facts of this case were these: On December 30, 1881, Margaret Fisher recovered judgment against Edwin E. Fisher for $250. On July 29, 1882, the death of the plaintiff was suggested, and Andrew J. Fisher, administrator of her estate, was substituted of record. The defendant was one of the heirs of Christian Fisher, deceased, who died seised of certain real estate.
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Error to the Court of Common Pleas, of Montgomery county: Of July Term, 1883, No. 76. The material facts of this case were these: On December 30, 1881, Margaret Fisher recovered judgment against Edwin E. Fisher for $250. On July 29, 1882, the death of the plaintiff was suggested, and Andrew J. Fisher, administrator of her estate, was substituted of record. The defendant was one of the heirs of Christian Fisher, deceased, who died seised of certain real estate. In proceedings in partition in the Orphans’ Court, John M. Fenton was appointed .trustee, under section 44 of the Act of February 24,…
1Opinion of the CourtJustice Trunkey
“ Any interest which any person or persons may have in the real or personal estate of any decedent, whether by will or otherwise, or so much thereof as may be necessary to satisfy the demand and costs of claimant, shall be subject and liable to be attached by any creditor or creditors of such person or persons, by writ or writs of foreign attachment in the hands or possession of the executor or administrator, or in whose hands or possession soever the same may be, as fully and effectually as in other cases: ” Act, July 27,1842, P. L., 436. The Act of April 13, 1843, P. L., 235, provides that…
2Cited by7 opinions
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- Davis v. DavisSuperior Court of Pennsylvania · 1911
- Erie Mantel & Tile Co. v. Carr, Pennsylvania Court of Common Pleas, Crawford County1924
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