Perret v. Lepper
Supreme Court of Pennsylvania
Appeal, No. 121, Oct. T., 1909, by plaintiffs, from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1905, No. 622, on verdict for defendant in case of Frederick Perret, trustee under the last will and testament of Frederick Perret, deceased, et al. v. Christian Lepper. Ejectment for land in the fourteenth ward of the city of Pittsburg. Before Kennedy, P. J. At the trial the following offer was made : Counsel for defendant also offer in evidence the record fi. fa.
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Appeal, No. 121, Oct. T., 1909, by plaintiffs, from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1905, No. 622, on verdict for defendant in case of Frederick Perret, trustee under the last will and testament of Frederick Perret, deceased, et al. v. Christian Lepper. Ejectment for land in the fourteenth ward of the city of Pittsburg. Before Kennedy, P. J. At the trial the following offer was made : Counsel for defendant also offer in evidence the record fi. fa. No. 172, January Term, 1905, being an execution on the judgment No. 844, January Term, 1905. Objected to on the part of the…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The orphans’ court may direct a sale of decedent’s real estate for the payment of debts only where the personal assets are insufficient for that purpose; but the right of a judgment creditor to enforce Ms lien against such real estate, when obtained in the lifetime of the debtor, rests on no such condition. The court out of wMch the latter execution issues may stay the execution so as to allow the sale to be made under the jurisdiction of the orphans’ court; but it is not required to do so. Whether it shall or shall not, rests entirely within the discretion of…
2Cases cited2 opinions
- Hammett's AppealSupreme Court of Pennsylvania · 1877
- Gamble v. WoodsSupreme Court of Pennsylvania · 1866
3Cited by2 opinions
- Kait v. RoseSupreme Court of Pennsylvania · 1944
- Heller's EstatePennsylvania Orphans' Court, Philadelphia County · 1936