Legal Opinion

Mix v. Ackla

Supreme Court of Pennsylvania

Decided July 15, 1838PublishedCited by 9 opinions

APPEAL from the decree of the court of common pleas of Bradford county, appropriating the proceeds of the sale of the real estate of William Aclda. In 1835, Benjamin Ackla, seised in fee, but indebted by judgment, devised his land in severalty to his four sons.

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APPEAL from the decree of the court of common pleas of Bradford county, appropriating the proceeds of the sale of the real estate of William Aclda. In 1835, Benjamin Ackla, seised in fee, but indebted by judgment, devised his land in severalty to his four sons. To one of them he devised thus: “to my son William Ackla and his heirs, I give and bequeath all the residue and remainder of my farm not heretofore disposed of, subject however to the maintenance of my beloved wife Hannah Ackla during her natural life, or to my said wife’s dower should she prefer it to her maintenance.” M. Hollenback…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

The question is, what did the sheriff’s vendee purchase ? If only the estate of the son, then the son’s creditor is entitled to the proceeds of it, and the father’s creditor may still have recourse to the land. It is important that it was sold expressly subject to the widow’s incumbrance. According to Fisher v. Kean, 1 Watts 259, it could not have been sold discharged of it, nor consequently of an incumbrance still earlier. In a case like this, where an estate cannot be sold entirely disincumbered on a younger judg*317ment, there are but two…

2Cases cited1 opinion

  1. Fisher v. KeanSupreme Court of Pennsylvania · 1832

3Cited by9 opinions

  1. Horner & Roberts v. HasbrouckSupreme Court of Pennsylvania · 1862
  2. Tower's AppropriationSupreme Court of Pennsylvania · 1845
  3. Northern Liberties v. SwainSupreme Court of Pennsylvania · 1850
  4. Allegheny City's AppealSupreme Court of Pennsylvania · 1861
  5. Devine's AppealSupreme Court of Pennsylvania · 1858

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