Lockhart v. John
Supreme Court of Pennsylvania
In error from the Common Pleas of Greene. Nov. 3. Ejectment by Lockhart. The defendant’s title was a petition by the administrators of one Latimer, praying a sale for payment of debts and maintenance of children, with a schedule of debts and assets annexed. In September, 183T, a decree for a sale was made. In November the administrators reported a sale to John, the defendant — one-half cash, balance in two annual payments, secured by bond and mortgage.
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In error from the Common Pleas of Greene. Nov. 3. Ejectment by Lockhart. The defendant’s title was a petition by the administrators of one Latimer, praying a sale for payment of debts and maintenance of children, with a schedule of debts and assets annexed. In September, 183T, a decree for a sale was made. In November the administrators reported a sale to John, the defendant — one-half cash, balance in two annual payments, secured by bond and mortgage. This sale was confirmed, and a deed made in 1838, pursuant to the decree. But whether the purchase-money had been paid and the securities…
1Opinion of the CourtCoulter, J.
The court below certainly did not exercise sufficient vigilance over the first sale by the administrator. Before confirmation of the sale, they ought to have required him to give bond with approved security that he would faithfully apply the proceeds according to law. Their not doing so, however, was an error in the exercise of their discretion, which we cannot rectify. The 33d section of the 29th March, 1832, provides that no order of sale shall be granted by the court for the payment of debts, &c., of any decedent, until the administrator has given bond with security, to apply the proceeds…
2Cases cited2 opinions
- M'Pherson v. CunliffSupreme Court of Pennsylvania · 1824
- Snyder v. MarkelSupreme Court of Pennsylvania · 1839
3Cited by3 opinions
- Mosely's EstatePennsylvania Orphans' Court, Cumberland County · 1940
- Good v. Updegraff, Pennsylvania Court of Common Pleas, Cumberland County1948
- Thorp's EstateSuperior Court of Pennsylvania · 1914