Wilson's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Lancaster county. This was an appeal by Joseph P. Wilson from the decree of the court below distributing the proceeds of the sheriff’s sale of the real estate of Charles J. Pusey. The facts of the case, as reported by the auditor, were these: —On the 23d day of October 1868, Isaac Pusey and Charles J. Pusey became the owners in fee, as tenants in common, of the real estate, the proceeds of which were in court for distribution.
Read the full summary
Appeal from the Common Pleas of Lancaster county. This was an appeal by Joseph P. Wilson from the decree of the court below distributing the proceeds of the sheriff’s sale of the real estate of Charles J. Pusey. The facts of the case, as reported by the auditor, were these: —On the 23d day of October 1868, Isaac Pusey and Charles J. Pusey became the owners in fee, as tenants in common, of the real estate, the proceeds of which were in court for distribution. Isaac Pusey died intestate, on the 6th of January 1859, and, on the 20th of January 1859, letters of administration upon his estate were…
1Opinion of the Court
The opinion of the court was delivered,
by
WOODWARD, J.
The debts of Isaac Pusey became a lien on his real estate at his death, for a period of five years, and although judicial sales do ordinarily divest such liens, and a sale by order *441of tbe Orphans’ Court in proceedings in partition is a judicial sale, yet the lien in this instance was not divested, because the sale was made within two years from the granting of administration. The 42d section of the Act of 24th February 1834, Purdon 299, as expounded by the codifiers, whose observations are quoted in the auditor’s report, is conclusive on…
2Cited by1 opinion
- Bricker's EstateSuperior Court of Pennsylvania · 1903