Shearer v. Brinley
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas of Franklin county: Of May Term 1874, No. 74. _ _ This was an action of ejectment, commenced September 1869, by Abraham Brinley and Ann Jane Brinley his wife, in her right, and John Wilson, against William Shearer and Elias Shearer, for a tract of land in Fannet township.
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Error to tbe Court of Common Pleas of Franklin county: Of May Term 1874, No. 74. _ _ This was an action of ejectment, commenced September 1869, by Abraham Brinley and Ann Jane Brinley his wife, in her right, and John Wilson, against William Shearer and Elias Shearer, for a tract of land in Fannet township. The land originally belonged to Samuel Moore, who, by his will dated January 21st 1825, and proved April 1st 1825, devised it as follows:— “I leave and bequeath to my daughter Nancy Wilson (otherwise Moore), wife to William Wilson, part of the place I now live upon after the death of her…
1Opinion of the CourtJustice Sharswood
By the 34th section of the Act of February 24th 1834, Pamph. L. 80, it was enacted that “ in all actions against the executors or administrators of a decedent, who shall have left real estate, where' the plaintiff intends to charge such real estate witlf the payment of his debt,” the widow and heirs, or devisees, shall be made parties thereto. As well upon the words, as the evident intent of the statute, where at the death of the decedent the land was already charged with the debt, the provision has no application. Such have been the decisions. Thus, a scire facias on a mortgage is not within…
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