Baxter v. Allen & Needles
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: Of July Term 1873, No. 87. This was a scire facias, issued May 27th 1872, by Allen & Needles, against John Baxter, executor, &c., of William Kerrigan, deceased, he being also devisee of said deceased; to revive judgment, No. 400 to December Term 1854. William Kerrigan died in December 1865. He devised real estate to John Baxter, the defendant, who pleaded in bar: “ That the said William Kerrigan died on the 6th day of December…
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Error to the District Court of Philadelphia: Of July Term 1873, No. 87. This was a scire facias, issued May 27th 1872, by Allen & Needles, against John Baxter, executor, &c., of William Kerrigan, deceased, he being also devisee of said deceased; to revive judgment, No. 400 to December Term 1854. William Kerrigan died in December 1865. He devised real estate to John Baxter, the defendant, who pleaded in bar: “ That the said William Kerrigan died on the 6th day of December 1865, and the said plaintiffs are precluded from reviving the judgment against him as devisee of the said William Kerrigan,…
1Opinion of the Court
Judgment was entered in the Supreme Court,
2Per curiam
A judgment of record at the time of the death of the defendant, though without lien on his real estate at the time of death, does not fall into the class of mere debts, whose lien is limited to five years after the death of a decedent, unless suit be brought for the same according to the 24th section of the Act of 24th February 1834. That section expressly excepts debts secured by mortgage or judgment; suit is unnecessary when the debt is already in judgment. The record gives notice of the debt to all persons interested, and it remains unaffected by…
3Cases cited1 opinion
- Fetterman v. MurphySupreme Court of Pennsylvania · 1835
4Cited by5 opinions
- Colenburg v. VenterSupreme Court of Pennsylvania · 1896
- Henry's EstateSupreme Court of Pennsylvania · 1907
- Smith v. DanielsonSuperior Court of Pennsylvania · 1911
- Long v. McConnellSupreme Court of Pennsylvania · 1893
- Biesecker v. CobbSuperior Court of Pennsylvania · 1900