In re Brown's Estate
Supreme Court of Pennsylvania
From the Common Pleas of Huntingdon county. May 21. — This was an appeal from a decree distributing the proceeds of the estate of John Brown, under the following circumstances, found by the auditor, and which do not appear to have been disputed. John Brown died seised of the tract in question, leaving five sons and two daughters.
Read the full summary
From the Common Pleas of Huntingdon county. May 21. — This was an appeal from a decree distributing the proceeds of the estate of John Brown, under the following circumstances, found by the auditor, and which do not appear to have been disputed. John Brown died seised of the tract in question, leaving five sons and two daughters. Zachariah Brown, one of the sons, is stated to have been acting under a power of attorney from the other heirs to transact their business at the time of the purchase by him, presently stated. In June, 1840, after J. B.’s death, the land was sold for taxes to S. R.,…
1Opinion of the Court
And now, May 27, 1846, the opinion of the court was delivered by
Rogers, J.
— Had the estate been sold by the sheriff as the property *465of Zachariah G. Brown, on a judgment against him alone, his creditors would be entitled to receive the money arising from the sale, without any regard to opposing titles, well or ill-founded. And the reason is, that in such case the sheriff sells the interest of the debtor only; the right of the claimants to the land remaining unimpaired. It would be open to them, notwithstanding the sale, to assert their title by action of ejectment against the sheriff’s vendee,…
2Cases cited1 opinion
- Rosenburger v. SchullSupreme Court of Pennsylvania · 1838
3Cited by2 opinions
- Tanney v. TanneySupreme Court of Pennsylvania · 1893
- Sharp v. Sharp, Pennsylvania Court of Common Pleas, Bucks County1958