Legal Opinion

Brubaker's Estate

Superior Court of Pennsylvania

Decided February 24, 1915No. Appeal, No. 168PublishedCited by 8 opinions

Appeal, No. 168, Oct. T., 1914, by John Z. Faust, from decree of O. C. Franklin Co., dismissing exceptions to auditor’s report in Estate of Anna Barbara Brubaker, deceased. Exceptions to supplemental report of A. G. McLanahan Esq., auditor. From the record it appeared that William Brubaker in 1893, entered a judgment against his wife, Anna Barbara Brubaker, in the sum of $520, to secure a loan which he made her.

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Appeal, No. 168, Oct. T., 1914, by John Z. Faust, from decree of O. C. Franklin Co., dismissing exceptions to auditor’s report in Estate of Anna Barbara Brubaker, deceased. Exceptions to supplemental report of A. G. McLanahan Esq., auditor. From the record it appeared that William Brubaker in 1893, entered a judgment against his wife, Anna Barbara Brubaker, in the sum of $520, to secure a loan which he made her. This judgment was revived at various times, the last revival having been entered on March 27, 1903. Mrs. Brubaker died intestate on March 25, 1906, owning real estate subject to the…

1Opinion of the Court

Opinion by

Rice, P. J.,

The act of February 24, 1834, relating to the hen of judgments against decedents, contained the qualifying words, “as against a bona fide purchaser, mortgagee, or other judgment creditor of such decedent.” And in the amendatory act of June 18, 1895, the qualifying words were, “as against a bona fide purchaser, mortgagee or other judgment creditor of such decedent, or of his heirs or devisees.” It was uniformly held, in the construction and application of these acts, that' the lien of a judgment obtained against a decedent in his lifetime continued indefinitely as against…

2Cases cited21 opinions

  1. Lewis v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1908
  2. Taylor v. MitchellSupreme Court of Pennsylvania · 1868
  3. Sproul v. Standard Plate Glass Co.Supreme Court of Pennsylvania · 1902
  4. Horn & Brannen Manufacturing Co. v. SteelmanSupreme Court of Pennsylvania · 1906
  5. Kille v. Reading Iron WorksSupreme Court of Pennsylvania · 1890

16 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Philadelphia, Baltimore & Washington R. R. v. Quaker City Flour Mills Co.Supreme Court of Pennsylvania · 1924
  2. Merrick v. DupontSupreme Court of Pennsylvania · 1926
  3. Myers v. LohrSuperior Court of Pennsylvania · 1919
  4. Shareff, to Use, (Horn) v. WolfSuperior Court of Pennsylvania · 1935
  5. Rankin v. RinehartSuperior Court of Pennsylvania · 1917

3 more not listed; retrieve them via the Exa API.

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