Fisher v. Kean
Supreme Court of Pennsylvania
WRIT of error to the special court of Dauphin county. This was a case of appropriation of money, made upon a judgment and execution, at the suit of Jane Kean, administratrix with the will annexed of John Kean, Esq., against George Fisher, in which the following facts gave rise to the questions discussed and determined. John Hamilton died in 1793 or 1794, possessed of considerable real estate in Dauphin county, leaving six children, of whom the plaintiff was one.
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WRIT of error to the special court of Dauphin county. This was a case of appropriation of money, made upon a judgment and execution, at the suit of Jane Kean, administratrix with the will annexed of John Kean, Esq., against George Fisher, in which the following facts gave rise to the questions discussed and determined. John Hamilton died in 1793 or 1794, possessed of considerable real estate in Dauphin county, leaving six children, of whom the plaintiff was one. She intermarried with John Kean, Esq. On .a petition to the orphan’s court, an inquest was awarded to divide his lands among his…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
All parties seem to agree that the verdict and the proper judgment on it, and the executions and- salé remain undisturbed. We are of opinion, that in this case the writ of error lies; for although appeal is the appropiate remedy for mistake in the distribution of money raised by sheriff’s sale, it is not the distribution of the money which is complained of. The execution is not brought up by this writ of error; but it' is not the execution which the plaintiff in error wishes to reach; he complains of that part of the decree which directs…
2Cases cited1 opinion
- Cavene v. M'MichaelSupreme Court of Pennsylvania · 1822
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- Porter v. RummeryMassachusetts Supreme Judicial Court · 1813
- Watkins v. Workingmens' Building & Loan Ass'nSupreme Court of Pennsylvania · 1881
- Haller v. HallerSuperior Court of Pennsylvania · 1911
- Mix v. AcklaSupreme Court of Pennsylvania · 1838
- Emblem Oil Co. v. TaylorSuperior Court of Pennsylvania · 1935
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