Legal Opinion

Drake v. Brown

Supreme Court of Pennsylvania

Decided March 30, 1871PublishedCited by 5 opinions

March 20th 1871. Before Thompson, C. J., Read, Agnew and Sharswood, JJ. Williams, J., at Nisi Prius. Appeal from the decree of the Court of Common Pleas of Pike county, No. 418, to January Term 1870, distributing the proceeds of the sheriff’s sale of the real estate of Daniel Y. Drake.

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March 20th 1871. Before Thompson, C. J., Read, Agnew and Sharswood, JJ. Williams, J., at Nisi Prius. Appeal from the decree of the Court of Common Pleas of Pike county, No. 418, to January Term 1870, distributing the proceeds of the sheriff’s sale of the real estate of Daniel Y. Drake. Error to the Court of Common Pleas of same county, No. 117, to January Term 117, to the judgment of that court in an action of ejectment, commenced September 2d 1869, by William Brown, against Daniel V. Drake and Rachel Drake. The land in controversy had been the estate of Ephraim Drake, deceased, who died…

1Opinion of the Court

The opinion of the court was delivered,

by Agnew, J.

These cases- were heard together, and may be embraced in one opinion. It is the settled doctrine in this state that all possible titles, vested or contingent, in real estate, may be taken in execution and sold, provided there he a real interest in the defendant in the execution, legal or equitable: Rickert v. Madeira, 1 Rawle 329; Humphreys v. Humphreys, 1 Yeates 427; Hunt v. Lithgow, Id. 24; De Haas v. Bunn, 2 Barr 337. The fact, therefore, that Daniel Y. Drake’s estate was not to take effect until his youngest sister became of age, and that…

2Cases cited3 opinions

  1. Rickert v. MadeiraSupreme Court of Pennsylvania · 1829
  2. Roe v. HumphreysSupreme Court of Pennsylvania · 1795
  3. Little v. Lessee of DelanceySupreme Court of Pennsylvania · 1812

3Cited by5 opinions

  1. Packer's EstateSupreme Court of Pennsylvania · 1914
  2. In re TwaddellDistrict Court, D. Delaware · 1901
  3. Gordon v. ReesSuperior Court of Pennsylvania · 1944
  4. Marks v. BakerSuperior Court of Pennsylvania · 1896
  5. Birkbeck v. KellySupreme Court of Pennsylvania · 1887

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