Legal Opinion

Meiser v. Eckhart

Supreme Court of Pennsylvania

Decided July 27, 1852PublishedCited by 2 opinions

Error to the Common Pleas of Union county. The writ of error in this case was taken by Michael Meiser to the judgment of the Court of Common Pleas refusing to set aside an execution issued on a judgment against him. Jacob Eckhart died in July, 1841, and letters of administration on his estate issued to Sarah Eckhart and Jacob Martin. The latter settled an account and was discharged.

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Error to the Common Pleas of Union county. The writ of error in this case was taken by Michael Meiser to the judgment of the Court of Common Pleas refusing to set aside an execution issued on a judgment against him. Jacob Eckhart died in July, 1841, and letters of administration on his estate issued to Sarah Eckhart and Jacob Martin. The latter settled an account and was discharged. Sarah Eckhart, as administratrix, under an order of Orphans’ Court, made sale of certain real estate of the intestate to Michael Meiser, in January, 1847, and for a part of the purchase-money took his judgment…

1Opinion of the Court

The opinion of the Court was delivered, by

Lewis, J.

The judgment entered against Meiser in favor of Sarah Eckhart, administratrix of Jacob Eckhart, deceased, was for *203part of tbe consideration of a tract of land of the decedent, which had been sold to Meiser under an order of the Orphans’ Court. Meiser knew the origin of the debt, that it was assets belonging to the estate of Jacob Eckhart, deceased, and that it did not belong to the estate of Sarah Eckhart. In addition to this, he received' notice from Michael Eckhart, who was one of the distributees (upon the death of Sarah Eckhart),…

2Cited by2 opinions

  1. Sibbs v. Phila. Saving Fund SocietySupreme Court of Pennsylvania · 1893
  2. Parkin v. Safe Deposit BankSuperior Court of Pennsylvania · 1913

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