Legal Opinion

Beeson v. McNabb

Supreme Court of Pennsylvania

Decided May 15, 1846Published

Error to the Common Pleas of Fayette county. This was an action of debt for a devastavit against the executors of H. Beeson, on a judgment recovered against them in 1841, in which a verdict was taken for the plaintiff, subject to the opinion of the court on the evidence. The court below gave judgment against the acting executor, in whose hands only assets had been proved.

Read the full summary

Error to the Common Pleas of Fayette county. This was an action of debt for a devastavit against the executors of H. Beeson, on a judgment recovered against them in 1841, in which a verdict was taken for the plaintiff, subject to the opinion of the court on the evidence. The court below gave judgment against the acting executor, in whose hands only assets had been proved. It appeared that, in 1816, defendant’s testator purchased,^at an Orphans’ Court sale, a house of the deceased husband of plaintiff, and a sum of money was left in his hands to meet the demand for dower or share under the…

1Opinion of the CourtBurnside, J.

— The object of the act of the 4th of April, 1807, 3 Smith L. 297, sect. 4, was to protect bona fide purchasers, who could not have notice of debts due by a deceased; debts being a lien on the real estate of a deceased person by. the common law for an indefinite period of time. To remedy the evil, the legislature provided, *424“That no debts except they were secured by mortgage, judgment, recognisance, or other record, should remain a lien on the lands and tenements of a deceased person longer than seven years after the decease of the debtor, unless an action for the recovery thereof be…

2Cases cited2 opinions

  1. Beeson v. M'NabbSupreme Court of Pennsylvania · 1833
  2. Grier v. HustonSupreme Court of Pennsylvania · 1822

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API