Roshing v. Chandler
Supreme Court of Pennsylvania
Error to the Common Pleas of Union county. July 22. In 1845, issues were directed to try whether the legatees of Douglass were entitled to receive the proceeds of a sheriff’s sale, of the real estate of Spiegelmoyer, executor of said Douglass; and the only question was, the effect of the transcript of his account under which they claimed; if it were a lien, they had a preference. - On the 21st of July, 1843, a certificate of an extract of the record was obtained from the…
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Error to the Common Pleas of Union county. July 22. In 1845, issues were directed to try whether the legatees of Douglass were entitled to receive the proceeds of a sheriff’s sale, of the real estate of Spiegelmoyer, executor of said Douglass; and the only question was, the effect of the transcript of his account under which they claimed; if it were a lien, they had a preference. - On the 21st of July, 1843, a certificate of an extract of the record was obtained from the Orphans’ Court, and filed in the Common Pleas as follows:— «September Term, 1839. The final account of Daniel Spiegelmoyer,…
1Opinion of the CourtBurnside, J.
Ramsey’s Appeal settled that a transcript of the balance found to be in the hands of an executor or administrator upon the settlement of his account, filed in the Common Pleas, is not a judgment, and payable as such out of a decedent’s estate. It is payable only as a lien on lands, or as a simple contract debt. 4 Watts, 71. Previous to the act of the 23d of April, 1823, which is superseded by the act of 29th of March, 1832, section twenty-nine, balances which appeared to be, on settlement in the Orphans’ Court, in the hands of an executor or administrator, were simple contracts only against…
2Cases cited3 opinions
- Ramsey's AppealSupreme Court of Pennsylvania · 1835
- Meason's EstateSupreme Court of Pennsylvania · 1835
- Stewart v. BehmSupreme Court of Pennsylvania · 1834