Kurtz's Appeal
Supreme Court of Pennsylvania
This is an appeal by Jacob H. Kurtz and John Eshbach, two of the judgment creditors of Jacob Greider, from a decree of the Court of Common Pleas of Lancaster county, distributing the proceeds of the sheriff’s sale of the real property of Jacob Greider, made under an alias venditioni exponas to January Term, 1856. On the 25th September, 1851, John Immel died intestate, seised of certain real estate in the village of Millerstown, in the county of Lancaster.
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This is an appeal by Jacob H. Kurtz and John Eshbach, two of the judgment creditors of Jacob Greider, from a decree of the Court of Common Pleas of Lancaster county, distributing the proceeds of the sheriff’s sale of the real property of Jacob Greider, made under an alias venditioni exponas to January Term, 1856. On the 25th September, 1851, John Immel died intestate, seised of certain real estate in the village of Millerstown, in the county of Lancaster. Under proceedings in partition, this real property was divided into' seven purparts, two of which, Nos. 2 and 7, were accepted by Jacob…
1Opinion of the Court
The opinion of the court was delivered by
Knox, J.
The character of a widow’s interest in the real estate of her deceased husband, after its allotment or sale under proceedings in partition in the Orphans’ Court, has frequently been the subject of judicial decision by this court. We are not aware, however, that the precise question now presented has ever been passed upon. It is this: Where lands are sold by virtue of proceedings in partition, and the one-third part of the purchase-, money charged upon the estate, the interest of which to be paid to the widow during her life, and at her death…
2Cases cited1 opinion
- Mentzer v. MenorSupreme Court of Pennsylvania · 1839
3Cited by1 opinion
- Young v. PattersonSupreme Court of Pennsylvania · 1895