Pennsylvania Agricultural & Manufacturing Bank v. Stambaugh's Administrators
Supreme Court of Pennsylvania
IN ERROR. Writ of error to the Court of Common Pleas of Cumberland county, in an action in nature of a feigned issue, brought by the Pennsylvania Agricultural and Manufacturing Bank, against the ■ administrators of Daniel Stambaugh, deceased, late sheriff of Perry county, to decide, whether a certain Abraham Landis was entitled to the payment of a debt due to him on bond from George Stroop, deceased, out of the money in the hands of the sheriff, proceeding from the sale of…
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IN ERROR. Writ of error to the Court of Common Pleas of Cumberland county, in an action in nature of a feigned issue, brought by the Pennsylvania Agricultural and Manufacturing Bank, against the ■ administrators of Daniel Stambaugh, deceased, late sheriff of Perry county, to decide, whether a certain Abraham Landis was entitled to the payment of a debt due to him on bond from George Stroop, deceased, out of the money in the hands of the sheriff, proceeding from the sale of the land of the said Stroop, sold by virtue of an execution, issued on a judgment obtained by the bank, against Stroop’s…
1Opinion of the Court
The. opinion of the court was delivered by
Tilghman, C. J.
The act of the 19th of April, 1794, “ directing the descent of the intestate’s real estates, and distribution of their personal estates, &c. in its fourteenth section directs the order in which debts due from the intestate shall be paid by his administrators, out of the personal assets. With the real estate, unless sold by order of the Orphans’ Court, the administrator has nothing to do; but the law is undoubted, that the money proceeding from the sale of real estate, when applied to the payment of debts, is. subject to the same order…
2Cited by3 opinions
- Case of Torr's EstateSupreme Court of Pennsylvania · 1830
- Brown v. WebbSupreme Court of Pennsylvania · 1833
- Stulzfoos' AppealSupreme Court of Pennsylvania · 1831