Hiyer v. Hayward
Superior Court of Pennsylvania
Appeal, No. 81, April T., 1900, by defendant, in a suit of Anthony Hiyer et al., for use of Katharine S. Venter, against Samuel Rill, in the hands of John H. Hayward, administrator of the estate of Samuel Rill, deceased, from judgment of C. P. No. S, Allegheny Co., May T., 1899, No. 69, on verdict for plaintiff. Opinion by Beaver, J. Soi. fa. sur mortgage.
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Appeal, No. 81, April T., 1900, by defendant, in a suit of Anthony Hiyer et al., for use of Katharine S. Venter, against Samuel Rill, in the hands of John H. Hayward, administrator of the estate of Samuel Rill, deceased, from judgment of C. P. No. S, Allegheny Co., May T., 1899, No. 69, on verdict for plaintiff. Opinion by Beaver, J. Soi. fa. sur mortgage. It appears from the record that before the appeal the administrator defendant sought to have the heirs added as parties and on his motion the names were suggested. The motion was overruled and exception noted for defendant. At the trial the…
1Opinion of the Court
Opinion by
Bbavek, J.,
Two questions of practice are presented by the specifications of error in this case.
1. Is it_necessary in a scire facias upon a mortgage which became a lien upon real estate in the lifetime of decedent to make his widow and heirs party thereto ? The 34th section of the act of February 24, 1834, provides that “ in all actions against the executors or administrators of a decedent who shall have left real estate where the plaintiff intends to charge such real estate with the payment of his debt, the widow and heirs or devisees and the guardians of such as are minors shall be…
2Cases cited3 opinions
- Berks County ex rel. School District v. LevanSupreme Court of Pennsylvania · 1878
- Chambers v. CarsonSupreme Court of Pennsylvania · 1837
- Taylor v. YoungSupreme Court of Pennsylvania · 1872
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- Federal Land Bank of Balto. v. KingSupreme Court of Pennsylvania · 1928
- Bartholomew v. Langan, Pennsylvania Court of Common Pleas, Lackawanna County1924
- Jones v. Bodley, Exr.Court of Chancery of Delaware · 1949