Hemphill v. Pry
Supreme Court of Pennsylvania
Appeal, No. 73, Oct. T., 1897, by defendants, from judgment oí C. P. Washington County, May Term, 1896, No. 122,'on verdict for plaintiff. Seire facias sur mortgage. Before Taylob, J. At the trial it appeared that J. T. Fredericks died on July 21, 1886, indebted to Margaret Hemphill upon two promissory notes not under seal, for $1,000 eacb. One of the notes was dated April 1, 1884, at twelve months, and the other September 1, 1885, at one year.
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Appeal, No. 73, Oct. T., 1897, by defendants, from judgment oí C. P. Washington County, May Term, 1896, No. 122,'on verdict for plaintiff. Seire facias sur mortgage. Before Taylob, J. At the trial it appeared that J. T. Fredericks died on July 21, 1886, indebted to Margaret Hemphill upon two promissory notes not under seal, for $1,000 eacb. One of the notes was dated April 1, 1884, at twelve months, and the other September 1, 1885, at one year. These were the only debts of the testator. No suit was ever brought or judgment obtained on the notes. Testator directed by his will, inter alia, as…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The practice of orphans’ courts in ordering sales or mortgage of the real estate of decedents for payment of debts, years after •death and after the usual statutory period of limitations has run, appears to have become very loose, and is in need of revision and greater caution for the preservation of the rights of heirs and devisees. The learned court below in their opinion on the question reserved at the first trial, expressed the very proper view that the better practice would be to have all the jurisdictional facts appear at large on the petition for the…
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