Hannum v. Spear
Supreme Court of Pennsylvania
This cause came before the court on a bill of exceptions, agreed' by counsel to be sealed by M’Kean C. J., on a trial had before him and Justice Yeates, at West Chester, on the 28th April 1794, when a verdict was found for Spear, the then plaintiff.
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This cause came before the court on a bill of exceptions, agreed' by counsel to be sealed by M’Kean C. J., on a trial had before him and Justice Yeates, at West Chester, on the 28th April 1794, when a verdict was found for Spear, the then plaintiff. The action was brought in debt, for 939I. 8s. rod., on a bond, dated 29th November 1784, conditioned for the payment of 469I. 14s. 5d. on the 29th April 1785. The defendants pleaded payment, with leave to give the special matters in evidence. The plaintiff replied non solverunt and issue. After a verdict for the then plaintiff for 735I. 2s. debt,…
1Opinion of the CourtShippen, J.
Two points arise in this case. 1. How far lands in Pennsylvania are bound to satisfy the debts of deceased persons. 2. If they are bound, how far a devise of the debtor’s lands, to pay his debts or legacies, will interfere with that principle.
Restraints on the alienation of real property in England, were co-eval with the feudal system. The favourite of that system, next to the lord, was the heir at law. Without his consent, as well as that of the lord, the feudatory could never transfer his estate to another, and he could in no case subject his lands to the payment of his debts. It was by…
2Cases cited4 opinions
- Cadbury v. DuvalSupreme Court of Pennsylvania · 1849
- Directors of the Poor & House of Employment v. RoyerSupreme Court of Pennsylvania · 1862
- Fisher v. KurtzSupreme Court of Pennsylvania · 1857
- Commonwealth v. SteelSupreme Court of Pennsylvania · 1848
3Cited by5 opinions
- Myers v. LohrSuperior Court of Pennsylvania · 1919
- Directors of the Poor & House of Employment v. RoyerSupreme Court of Pennsylvania · 1862
- Fisher v. KurtzSupreme Court of Pennsylvania · 1857
- Spear v. HannumSupreme Court of Pennsylvania · 1794
- Grant v. HookSupreme Court of Pennsylvania · 1825