Hart v. Homiller's
Supreme Court of Pennsylvania
Certiorari to the Orphans’ Court for the city and county of Philadelphia. On the petition of Jacob Martin, as surviving executor of the will of Henry Homiller, deceased, to the Orphans’ Court, on the 18th February, 1853, a citation was issued to James H. Hart, to show cause why a decree should not be made against him “ for the valuation money and the interest due thereon,” alleged to be charged on a lot of ground having buildings erected thereon, situate on the east side of…
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Certiorari to the Orphans’ Court for the city and county of Philadelphia. On the petition of Jacob Martin, as surviving executor of the will of Henry Homiller, deceased, to the Orphans’ Court, on the 18th February, 1853, a citation was issued to James H. Hart, to show cause why a decree should not be made against him “ for the valuation money and the interest due thereon,” alleged to be charged on a lot of ground having buildings erected thereon, situate on the east side of Delaware Third street, in the Northern liberties. The said Hart had purchased the premises at sheriff’s sale, when sold…
1Opinion of the Court
The opinion of the Court was delivered by
Lowrie, J.
When this cause was up here before in another form, we were compelled to reverse the proceedings for formal reasons, while we were deciding all the material points in favor of the claimants. We have now, therefore, little more to do than to repeat the propositions then affirmed.
1. Where land is devised “at a valuation” or a price to be paid by the devisee, the title passes subject to the charge or lien for the price, if the devise be accepted.
This proposition is so plainly a mere repetition and application of the principle of all transfers of…
2Cited by8 opinions
- Kiebler v. McCutcheonSupreme Court of Pennsylvania · 1921
- Provident Trust Co. v. Judicial B. & L. Assn.Superior Court of Pennsylvania · 1933
- Horn EstateSupreme Court of Pennsylvania · 1944
- Schrader v. SchraderSupreme Court of Iowa · 1912
- Sick v. RockSupreme Court of Iowa · 1949
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