Beard v. Deitz
Supreme Court of Pennsylvania
ERROR to the district court of York county. Peter Kline died intestate seised of real estate, leaving issue several daughters, to one of whom George Stoutzenberger was married. After the death of Peter Kline, George Beard, the plaintiff, issued a fieri facias upon a judgment which he had previously obtained against Stoutzenberger and levied it upon all his interest in Peter Kline’s real estate.
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ERROR to the district court of York county. Peter Kline died intestate seised of real estate, leaving issue several daughters, to one of whom George Stoutzenberger was married. After the death of Peter Kline, George Beard, the plaintiff, issued a fieri facias upon a judgment which he had previously obtained against Stoutzenberger and levied it upon all his interest in Peter Kline’s real estate. John, one of the children of Peter Kline, then presented a petition to the orphan’s court for a writ of partition and valuation of his father’s estate, which was proceeded in to a sale of the said…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
The judgment and levy were a lien on the life estate, which Stoutzenberger had in the land, in right of his wife Catharine, the daughter of Kline. And if the interest of Stoutzenberger had been sold by the sheriff on the execution, the creditors would have been entitled to the proceeds. But Beard was prevented from reaping the fruits of his judgment by the proceeding in the orphan’s court, at the instance of one of the heirs of Kline. After the confirmation of sale, the creditors might have had the money brought into the court, and in the…
2Cited by1 opinion
- Hogg v. AshmanSupreme Court of Pennsylvania · 1877