Pleasants v. Cowden
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Northumberland county. Charles Pleasants against John H. Cowden. This was an attachment process in the nature of an execution, by which the sheriff was directed to attach certain debts which were due by several persons to John H. Cowden, executor of John Cowden deceased, and which -were assets of the estate.
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ERROR to the Common Pleas of Northumberland county. Charles Pleasants against John H. Cowden. This was an attachment process in the nature of an execution, by which the sheriff was directed to attach certain debts which were due by several persons to John H. Cowden, executor of John Cowden deceased, and which -were assets of the estate. The defendant obtained a rule to show cause why the attachment should not be dissolved; upon the hearing of which it appeared that the estate of the testator was very large, and abundant to pay all its debts and legacies, and that John H. Cowden was the…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
We think that the court below erred in quashing the process in this case upon a rule to show cause why it should not be done. It involved the question whether a debt coming to the defendant as the executor and residuary legatee and devisee of his father’s will, could be attached under the Act of Assembly of the 16th of June 1836, and applied towards payment of a judgment obtained against him for a debt due from him in his own right. Under circumstances showing clearly that the debt coming to him, though nominally as executor, yet that there…
2Cases cited1 opinion
- Shewell v. KeenSupreme Court of Pennsylvania · 1837
3Cited by3 opinions
- Pasquinelli v. Southern Macaroni Mfg. Co.Supreme Court of Pennsylvania · 1922
- Nicoll v. McCaffreySuperior Court of Pennsylvania · 1896
- Lorenz v. OrladySupreme Court of Pennsylvania · 1878