Sample v. Barr
Supreme Court of Pennsylvania
Error to the Common Pleas of Armstrong county. This was an action of ejectment at the suit of James Barr and others, heirs of James Barr, deceased, against James Sample and others, to recover the possession of a tract of land containing 100 acres. The parties agreed upon the following case stated, with liberty to either party to sue out a writ of error. James Barr, the father of the plaintiffs, died on the 15th day of August, 1833, seised of the land in dispute.
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Error to the Common Pleas of Armstrong county. This was an action of ejectment at the suit of James Barr and others, heirs of James Barr, deceased, against James Sample and others, to recover the possession of a tract of land containing 100 acres. The parties agreed upon the following case stated, with liberty to either party to sue out a writ of error. James Barr, the father of the plaintiffs, died on the 15th day of August, 1833, seised of the land in dispute. He made a will on the 26th of September, 1832, which was proved and registered on the 24th of August, 1833, by which he devised the…
1Opinion of the Court
The opinion of the Court was delivered by
Woodward, J. —
The argument of the plaintiff in error is fully ’ answered by the remark that the 34th section of the Act of 1834, is a rule of action, and not of lien, to creditors,of a decedent. There is nothing about lien in it. That is regulated by other provisions. But if a creditor means' to enforce his lien, if he intends to charge the lands of the decedent, he shall bring in the widow and heirs, and for what ? Not to contest his lien, but his debt; to demonstrate, if they can, that the decedent owed him nothing, and that, for this reason, he has…
2Cases cited1 opinion
- Hunt v. DevlingSupreme Court of Pennsylvania · 1839
3Cited by4 opinions
- In re Estate of MitchellSupreme Court of Pennsylvania · 1897
- Messmore ex rel. Messmore v. WilliamsonSupreme Court of Pennsylvania · 1899
- McCormick v. SkellySupreme Court of Pennsylvania · 1902
- Mangan's AppealSupreme Court of Pennsylvania · 1887