Dunkel v. Datesman
Supreme Court of Pennsylvania
FROM THE DEGREE OE THE COURT OE COMMON PLEAS OE UNION COUNTY. Nos. 453 January Term 1889, 35 July Term 1889, Sup. Ct.; court below, Lev. Fa. No. 13 May Term 1888, E. D., C. P. On May 19,1887, upon levari facias No. 13 May Term 1888, tbe sheriff returned a sale of certain real estate as the property of Robert Datesman, E. P. Datesman and II.
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FROM THE DEGREE OE THE COURT OE COMMON PLEAS OE UNION COUNTY. Nos. 453 January Term 1889, 35 July Term 1889, Sup. Ct.; court below, Lev. Fa. No. 13 May Term 1888, E. D., C. P. On May 19,1887, upon levari facias No. 13 May Term 1888, tbe sheriff returned a sale of certain real estate as the property of Robert Datesman, E. P. Datesman and II. M. Datesman, at the suit of Hiram Dunkel, for 814,000, and the application to the writ for debt, interest and costs, of $4,314.43, leaving a balance of $9,685.57, which was paid into court. This balance was subjected to a protlionotary’s commission, which…
1Opinion of the Court
ROBERT DATESMAN’S APPEAL.
Opinion,
Mr. Chief Justice Paxson :
The first question we have to consider is whether the life estate of Robert Datesman passed by the sheriff’s sale on the writ of levari facias No. 13 May Term 1888. Prior to the sale the title was vested in the said Robert Datesman as tenant for life, with remainder to his two sons, Edgar P. Datesman and Harris M. Datesman. While the title stood in this position, the life-tenant and the two remaindermen united in a mortgage to Hiram Dunkel for $4,181.70. Upon this mortgage a scire facias xvas issued, and upon the judgment recovered…
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