Anderson v. Anderson
Supreme Court of Pennsylvania
Appeal, No. 168, Oct. T., 1897, by plaintiffs, from order of C. P. Westmoreland Co., Nov. T., 1892, No. 432, dismissing exceptions to auditor’s report. Exceptions to auditor’s report in distributing a fund realized from a sale of land on proceedings in partition. The facts appear by the opinion of the Supreme Court. Error assigned was in dismissing exceptions to auditor’s report.
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Appeal, No. 168, Oct. T., 1897, by plaintiffs, from order of C. P. Westmoreland Co., Nov. T., 1892, No. 432, dismissing exceptions to auditor’s report. Exceptions to auditor’s report in distributing a fund realized from a sale of land on proceedings in partition. The facts appear by the opinion of the Supreme Court. Error assigned was in dismissing exceptions to auditor’s report. At common law the appointment of a debtor operated as a release of the debt, but in this state the common law was recognized so far as that the action for it was merged, but the debt must be accounted for as assets.…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
This appeal from the decree of the court below distributing the fund realized by the sale in partition of a farm of which William Anderson died seized involves a question as to the effect of a judgment creditor’s appointment of liis judgment *482debtor as executor of his will. It is claimed that the learned auditor and court below erred in holding, substantially, that the effect of such appointment was to release and discharge the lien of the testator’s judgment against the executor’s interest in the land which was the subject of the proceedings in partition,…
2Cases cited1 opinion
- Anderson v. AndersonSupreme Court of Pennsylvania · 1894