Heist v. Baker
Supreme Court of Pennsylvania
Error to the Common Pleas of Montgomery county. This was an action of debt, by Jacob N. Baker, guardian of Ann Eliza and Rachel Gross, minor children of Samuel Gross, deceased, against John L. Heist, to recover the sum of $932, with its interest from the death of Elizabeth Gross, widow of Samuel Gross, deceased.
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Error to the Common Pleas of Montgomery county. This was an action of debt, by Jacob N. Baker, guardian of Ann Eliza and Rachel Gross, minor children of Samuel Gross, deceased, against John L. Heist, to recover the sum of $932, with its interest from the death of Elizabeth Gross, widow of Samuel Gross, deceased. The material facts of the case were these: — Samuel Gross died in 1846 intestate, leaving a widow named Elizabeth, and issue three minor children, and seised of real estate, situate in Gwynedd .township, Montgomery county. Letters of administration were granted March 9th 1846, to…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
The deed of March 12th 1849, Jacob N. Baker to Elizabeth Gross, contained these words: “ Under and subject nevertheless to the payment of the sum of $932.52, at the decease of the said Elizabeth Gross, unto the above-named Ann Eliza and Rachel Gross, minor children of Samuel Gross, or to their legal representatives.”
According to the cases cited in the argument, as well as according to the reason of the thing, these words created an express lien upon the land for the sum mentioned, which was not divested by the sheriff’s sale, because,…
2Cited by5 opinions
- Rohn v. OdenwelderSupreme Court of Pennsylvania · 1894
- Leven Good's EstateSuperior Court of Pennsylvania · 1909
- Smith v. DanielsonSuperior Court of Pennsylvania · 1911
- Miller Ex Rel. Pennsylvania Trust Co. v. BucksSuperior Court of Pennsylvania · 1927
- Putnam v. SummerlinSupreme Court of Alabama · 1910