Legal Opinion

Graff v. Smith's Administrators

Supreme Court of the United States

Decided January 1, 1789PublishedCited by 13 opinions

This caso came before the court on a rule to show cause why the sheriff should not be directed to postpone the sale of lands taken in execution, in the hands of the purchasers from John Smith, the eldest son of Robert Smith, the intestate, until all the lands remaining unsold, in the hands of the other children of Robert Smith, should be sold by virtue of the execution.

1Opinion of the Court

After argument, the President stated the circumstances of the case, and delivered the opinion of the court, in the following manner.

Shippen, President.

The facts agreed on both sides in this cause, are, that Robert Smith died intestate, indebted to several persons, and possessed of a considerable real estate, but not of sufficient personal estate to pay his debts; that his administrators aj>plied to the orphans’ court for an order to sell certain parts of the real estate, sufficient to pay the debts and maintain the children ; that such order was accordingly obtained, and that part of the real…

2Cases cited3 opinions

  1. Moliere's Lessee v. NoeSupreme Court of the United States · 1806
  2. Nokes v. SmithSupreme Court of Pennsylvania · 1793
  3. Guier v. KellySupreme Court of Pennsylvania · 1810

3Cited by13 opinions

  1. Corporation for the Relief of Poor Distressed Presbyterian v. WallaceSupreme Court of Pennsylvania · 1831
  2. Griswold v. BigelowSupreme Court of Connecticut · 1826
  3. Porter v. LazearSupreme Court of the United States · 1883
  4. Fetterman v. MurphySupreme Court of Pennsylvania · 1835
  5. Kirk v. DeanSupreme Court of Pennsylvania · 1810

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