Gilmore v. Commonwealth
Supreme Court of Pennsylvania
IN ERROR. Error to the District Court of Dauphin county, where judgment was rendered for the plaintiffs below and defendants in error, in a suit brought by the commonwealth for Samuel Glass and James Glass, administrators of John Glass, deceased, one of the children and heirs of Samuel Glass, a brother and heir of William Glass, against John Gilmore, Esq., surviving cognisor, in a joint and several recognisance with Samuel Glass, deceased, with notice to William White and…
Read the full summary
IN ERROR. Error to the District Court of Dauphin county, where judgment was rendered for the plaintiffs below and defendants in error, in a suit brought by the commonwealth for Samuel Glass and James Glass, administrators of John Glass, deceased, one of the children and heirs of Samuel Glass, a brother and heir of William Glass, against John Gilmore, Esq., surviving cognisor, in a joint and several recognisance with Samuel Glass, deceased, with notice to William White and widow Siooyer, terre-tenants, and Espy and Jacobs. The case came up to this court on a bill of exceptions to the opinion…
1Opinion of the Court
*277The opinion of the court was delivered by
Rogers, J.
The admissibility of the evidence offered by the defendant, and rejected.by the court, depends on the question whether the purchaser of property sold by order of the Orphans’ Court, takes it devested of the lien of a recognisance, taken to secure the distributive shares of heirs and legal representatives.
John Glass died intestate, leaving real estate,and brothers and sisters, his legal heirs. The property was appraised, and taken at the valuation by a brother, Samuel Glass, who entered into a recognisance, &c. with John Gilmore, Esq, his…
2Cases cited3 opinions
- Moliere's Lessee v. NoeSupreme Court of the United States · 1806
- Clark v. IsraelSupreme Court of Pennsylvania · 1814
- Walton v. WillisSupreme Court of the United States · 1788