M'Coy v. Scott

The opinion of the court (Huston, J., dissenting,) was delivered by

Rogers, J.

— Although lands in Pennsylvania are considered as chattels for the payment of debts, yet, in the case of an intestacy, the real estate goes to the heirs, and the personal estate to the legal representatives. The security exacted from the administrator has reference to the, value of the personalty, as was decided at Sunbury, when we held, that the surety in an administration bond was not liable for the real estate. When lands are wanted for the payment of debts, there is a mode pointed out by the act of assembly,…