Appeal of Snodgrass
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Westmoreland county: Sur motion to quash appeal. H. P. Laird and W. B. Snodgrass, who were the executors of John Snodgrass, deceased, obtained an order of the Orphans’ Court of Westmoreland county for the sale of his real estate for the payment of his debts, although there was a provision in the decedent’s will directing the sale of some portion of his estate.
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Appeal from the Orphans’ Court of Westmoreland county: Sur motion to quash appeal. H. P. Laird and W. B. Snodgrass, who were the executors of John Snodgrass, deceased, obtained an order of the Orphans’ Court of Westmoreland county for the sale of his real estate for the payment of his debts, although there was a provision in the decedent’s will directing the sale of some portion of his estate. It was contended in the Orphans’ Court that the court had no power to order a sale until the executors had first sold the lands which the testator had directed to be sold. There were mortgages on some…
1Opinion of the CourtChief Justice Sharswood
The appellees have made a motion to quash this appeal from the decree of the Orphans’ Court making an order of sale for the payment of debts, on the ground that such an order is not a definitive decree. In Ness’s Appeal, 1 Watts 255, it was decided that it was definitive — that it was a parol-judgment, commanding the property to be sold — divesting the title of the owner. But we think the reason was not a good one ; for this effect only takes place when the sale is confirmed: Ferree v. The Commonwealth, 8 S. & R. 312. Undoubtedly, upon the return of the sale, it would be the duty of the court…
2Cases cited1 opinion
- Hess's AppealSupreme Court of Pennsylvania · 1832
3Cited by14 opinions
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- Watkins v. HughesSupreme Court of Pennsylvania · 1903
- Maslowski's EstateSupreme Court of Pennsylvania · 1918
- Estate of Virginia Cherry Appeal of: Ronald LockeSuperior Court of Pennsylvania · 2015
- In re the Dissolution of the Titusville Oil ExchangeSuperior Court of Pennsylvania · 1899
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