Legal Opinion

Mellon's Appeal

Supreme Court of Pennsylvania

Decided July 1, 1863PublishedCited by 3 opinions

Appeal from the District Court of Allegheny county. This was an appeal, by Thomas Mellon, from the decree of the court below distributing the proceeds of the sheriff’s sale of the real estate of William A. Maguire.

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Appeal from the District Court of Allegheny county. This was an appeal, by Thomas Mellon, from the decree of the court below distributing the proceeds of the sheriff’s sale of the real estate of William A. Maguire. The fieri facias under which the real estate was sold, was sued out on a judgment in the name of John C. Maguire, for the use of W. Crawford, and now for the use of Thomas Mellon against William A. Maguire, to which the sheriff made the following special return:— “ Levied, &c., on a piece of land, twenty-seven acres, situate in Lower St. Clair township. Inquisition waived (in…

1Opinion of the Court

The opinion of the court was delivered by

Stroks, J.

The most important question presented by this appeal is, whether the legacy to all his children of the money due to the testator, at the time of his death, from Hugh Smith & Son, was, by his will, made a charge upon the lands devised to William A. Maguire and John C. Maguire. This must be answered by the will itself. It is not the policy of the law to encourage continuing or permanent liens. Before a legacy can be held a charge so as to bind the lands in the hands of a purchaser, or against a mortgagee, it must appear by direct expression or…

2Cases cited3 opinions

  1. Tower's AppropriationSupreme Court of Pennsylvania · 1845
  2. Montgomery v. M'ElroySupreme Court of Pennsylvania · 1842
  3. Brandt's AppealSupreme Court of Pennsylvania · 1839

3Cited by3 opinions

  1. Gingrich's EstateSuperior Court of Pennsylvania · 1908
  2. Snyder's EstateSuperior Court of Pennsylvania · 1900
  3. Tillia's EstatePennsylvania Orphans' Court, Lawrence County · 1922

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