Potter v. Burd
Supreme Court of Pennsylvania
ERROR to the common pleas of Cumberland county. Joseph Burd and William Burd were the administrators of John M’Gregor deceased; and as such, on the I6th day of May 1821, in the orphan’s court of Cumberland county, settled their account, on which there was found to be a balance in their hands of 6986 dollars 37 cents, subject to distribution according to law; a certificate of which, under the act of assembly, was filed on the 18th day of October 1832, in the common pleas of…
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ERROR to the common pleas of Cumberland county. Joseph Burd and William Burd were the administrators of John M’Gregor deceased; and as such, on the I6th day of May 1821, in the orphan’s court of Cumberland county, settled their account, on which there was found to be a balance in their hands of 6986 dollars 37 cents, subject to distribution according to law; a certificate of which, under the act of assembly, was filed on the 18th day of October 1832, in the common pleas of Cumberland county. This scire facias, under the act of assembly, issued in favour of Robert Potter, administrator of…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
—With every disposition to sustain the rights of defalcation and set-off, as calculated to prevent multiplicity of suits, and to do justice between parties, care must be taken not to lose sight of all rules and forms of proceeding, and thereby produce uncertainty and confusion. Our defalcation act of 1705 is a just and liberal one: its provisions are sufficiently broad to enable the courts to effect every desirable object; but it does not enable a defendant who is sued as administrator to acquire by purchase or otherwise, a claim against…
2Cases cited3 opinions
- Murray v. WilliamsonSupreme Court of Pennsylvania · 1810
- Executors of Darroch v. Administrators of HaySupreme Court of Pennsylvania · 1797
- Wolf v. BealesSupreme Court of Pennsylvania · 1820
3Cited by2 opinions
- Union National Bank v. Cannonsburgh Iron Co.Supreme Court of Pennsylvania · 1886
- Romig v. ErdmanSupreme Court of Pennsylvania · 1840