Strutters v. Peltz
Supreme Court of Pennsylvania
This case came up on a certificate from the Nisi Prius. The money, part of which was in dispute, was raised by a sale on an execution on a judgment in favor of John Struthers v. Philip Peltz and Bichard Peltz.
Read the full summary
This case came up on a certificate from the Nisi Prius. The money, part of which was in dispute, was raised by a sale on an execution on a judgment in favor of John Struthers v. Philip Peltz and Bichard Peltz. Philip Peltz, senior, owned, and by his will devised, about 31 acres of meadow land in Philadelphia county, to his son Richard, therein charging “ the whole of the land so devised * * with the payment of $1500, to be paid by him (Bichard) to my executors, and to form part of my residuary estate, and the same to be a lien on the said portion until paid.” He appointed Ms sons, Kichard,…
1Opinion of the Court
The opinion of the Court was delivered, by
Lowrib, J.
It is argued that the release of the debt by the executors, being false in fact, is void as against the estate, though this judgment creditor advanced his money on the faith of its truth. The result of the argument is, that no matter who may suffer by the act of the executors, the estate they represent cannot. If the release by the executors, which says the encumbrance was paid, cannot be relied on, how can the fact of payment ever be learned except by a judicial trial ? The verbal declarations of the executors would not mend the matter.…
2Cited by1 opinion
- Meek v. FrantzSupreme Court of Pennsylvania · 1895