Fretz v. Heller
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Bucks county. This was a scire facias brought by Isaac Fretz, Jr., and Catharine his wife, late Catharine Stover, in right of said Catharine, against Andrew Heller, Enos Fretz, and Bernard Hillpot, as garnishees of Abraham F. Stover and terre-tenants.
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ERROR to the Common Pleas of Bucks county. This was a scire facias brought by Isaac Fretz, Jr., and Catharine his wife, late Catharine Stover, in right of said Catharine, against Andrew Heller, Enos Fretz, and Bernard Hillpot, as garnishees of Abraham F. Stover and terre-tenants. Ralph Stover deceased devised certain real estate to his son Abraham F. Stover, directing that when his son William became of age his wife should receive, in lieu of the incomes of the farm aforesaid, the sum of £48, to be paid her yearly and every year, one half thereof out of the profits of the farm bequeathed to…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J..After the delivery of the writ of venditioni eocponas to the sheriff, it is his duty to sell the property, at all events, for the best price that can be got for it. And in the strict performance of this duty, the whole interest of the debtor should be sold; and hence it is ruled in Reigle v. Seiger (2 Penn. Rep. 340), that a sheriff is bound to sell the debtor’s whole interest in the land, and can lawfully reserve nothing for him, either in the land or the price of it. Where land which has been taken by a son, at a valuation, in the Orphans’…
2Cases cited2 opinions
- Pidcock ex rel. Closson v. ByeSupreme Court of Pennsylvania · 1831
- Hart v. JamesSupreme Court of Pennsylvania · 1788
3Cited by8 opinions
- Calhoun v. Commercial Credit Corp.Superior Court of Pennsylvania · 1942
- Baldwin v. SinerSuperior Court of Pennsylvania · 1901
- Baur v. WilliamsSupreme Court of Pennsylvania · 1873
- Blair Motor Car Co. v. Mervine, Pennsylvania Court of Common Pleas, Bedford County1944
- Friendly Loan Service v. Watkins, Pennsylvania Court of Common Pleas, Philadelphia County1949
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