Lauman's Appeal
Supreme Court of Pennsylvania
In error from the Common Pleas of Dauphin county. The questions, in this cause, arose on the distribution of the proceeds of real estate sold by the sheriff, under a judgment against Lauman. The land originally belonged to one Eshenour, who devised it, with other lands, to his three sons, subject to the payment of legacies to his children, and of the interest on 'a certain sum to his widow for life.
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In error from the Common Pleas of Dauphin county. The questions, in this cause, arose on the distribution of the proceeds of real estate sold by the sheriff, under a judgment against Lauman. The land originally belonged to one Eshenour, who devised it, with other lands, to his three sons, subject to the payment of legacies to his children, and of the interest on 'a certain sum to his widow for life. Under an authority contained in the will, the sons divided the lands among themselves, and apportioned the liens on each tract. L. Eshenour, one of the sons, took the land now in question, under…
1Opinion of the CourtBell, J.
The court below was right in allowing to the widows of Christian and Leonard Eshenour the arrearages of the yearly sum due to them respectively, under the authority of Reed v. Reed, 1 W. & S. 239, and Mohler’s Appeal, 5 Barr, 420. These cases settle that the arrears of an annuity, payable to a widow out of lands devised by a testator, and the interest of her statutory third part, charged on the lands of a decedent in lien of dower, are payable out of the proceeds of a .sheriff's sale, made under a judgment against a subsequent owner. But these, with Fisher v. Kean, 1 W. 259; Mentzer v. Menor,…
2Cases cited6 opinions
- Hellman ex rel. Miltenberger v. HellmanSupreme Court of Pennsylvania · 1834
- Tower's AppropriationSupreme Court of Pennsylvania · 1845
- Stiles v. BradfordSupreme Court of Pennsylvania · 1834
- Thomas v. JamesSupreme Court of Pennsylvania · 1844
- Ewing v. BarrasSupreme Court of Pennsylvania · 1842
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Progress Press Brick & Machine Co. v. Gratiot Brick & Quarry Co.Supreme Court of Missouri · 1899
- Pusey & Jones v. Pennsylvania Paper MillsU.S. Circuit Court for the District of Middle Pennsylvania · 1909
- Nolt v. CrowSuperior Court of Pennsylvania · 1903
- Bevan v. ThackaraSupreme Court of Pennsylvania · 1891
- Ohio-Pennsylvania Joint Stock Land Bank v. BloughSuperior Court of Pennsylvania · 1935
4 more not listed; retrieve them via the Exa API.