Bindley's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Allegheny county: Of October and November Term 1869: No. 158: In the distribution of the estate of 0. Ormsby Gregg, deceased.
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Appeal from the decree of the Orphans’ Court of Allegheny county: Of October and November Term 1869: No. 158: In the distribution of the estate of 0. Ormsby Gregg, deceased. The decedent died in February 1857, and administration of his estate was granted to R. Biddle Roberts, who in 1858 obtained an order from the Orphans’ Court to sell the real estate of the decedent for the payment of debts, some of which were of record-The administrator sold real estate under this order, and the proceeds were distributed amongst the creditors of the decedent. On the 14th of September 1860, the…
1Opinion of the Court
The opinion of the court was delivered, January 9th 1872, by
Sharswood, J.
It is provided by the 24th section of the Act of February 24th 1834, Pamph. L. 77, that “ no debts of a decedent, except they be secured by mortgage or judgment, shall *298remain a lien on the real estate of such decedent longer than five years after the decease of such debtor, unless an action for the recovery thereof be commenced and duly prosecuted against his heirs, executors or administrators, within the period of five years after his decease.”
The court below were right, we think, in holding that the order of the…
2Cases cited3 opinions
- Kerper v. HochSupreme Court of Pennsylvania · 1832
- Penn v. HamiltonSupreme Court of Pennsylvania · 1833
- M'Curdy's AppealSupreme Court of Pennsylvania · 1843
3Cited by22 opinions
- Kirk v. Van HornSupreme Court of Pennsylvania · 1920
- Smith v. WildmanSupreme Court of Pennsylvania · 1896
- Central-Penn National Bank v. CulpSupreme Court of Pennsylvania · 1935
- Collins v. PhillipsSupreme Court of Pennsylvania · 1912
- Colenburg v. VenterSupreme Court of Pennsylvania · 1896
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