Myers v. Lohr
Superior Court of Pennsylvania
Appeal, No. 104, April T., 1919, by plaintiff, from judgment of C. P. Allegheny Co., Oct. T., 1919, No. 252, in case of Sarah Myers v. Alexander C. Lohr, Deceased, in the Hands of Fidelity Title & Trust Company, Executor of the Estate of Alexander C. Lohr, Deceased, and the Fidelity Title & Trust Company, Executor of the Estate of Alexander C. Lohr, Deceased. Assumpsit on promissory note.
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Appeal, No. 104, April T., 1919, by plaintiff, from judgment of C. P. Allegheny Co., Oct. T., 1919, No. 252, in case of Sarah Myers v. Alexander C. Lohr, Deceased, in the Hands of Fidelity Title & Trust Company, Executor of the Estate of Alexander C. Lohr, Deceased, and the Fidelity Title & Trust Company, Executor of the Estate of Alexander C. Lohr, Deceased. Assumpsit on promissory note. Before Carnahan, J. From the record it appeared that the plaintiff brought an action of assumpsit on a promissory note against Alexander C. Lohr, deceased, and Fidelity Title & Trust Company, his executor,…
1Opinion of the Court
Opinion by
Keller, J.,
Clause (a) of Section 15 of the Fiduciaries Act of 1917 (June 7, 1917, P. B. 447), provides that no debts, etc., of a decedent shall remain a lien on his real estate longer than one year after the decease of such debtor unless within said period an action for the recovery thereof be brought against the executor or administrator of such decedent. The question involved in this appeal is wheth*474er clause (c) of said section, which declares the foregoing provision to be retroactive is unconstitutional. There can be no doubt of the intention of the legislature to make it…
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