Commonwealth v. Pool
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin comity. Debt upon a recognizance in the orphans’ court, for 23,595 dollars, conditioned for the faithful discharge of the duties of Jacob Hise and John Lowman, in making sale of the real estate of John Hise, deceased, and paying over the proceeds as the said court should decree.
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ERROR to the common pleas of Dauphin comity. Debt upon a recognizance in the orphans’ court, for 23,595 dollars, conditioned for the faithful discharge of the duties of Jacob Hise and John Lowman, in making sale of the real estate of John Hise, deceased, and paying over the proceeds as the said court should decree. The aclion was brought hy the Commonwealth for the use of John N. Miilemore and wife, who was a daughter of John Hise, deceased, against Samuel Fool, a co-cogniser with Jacob Hise and John Lowman, administrators of John Hise, deceased. The plaintiff gave in evidence a proceeding in…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The only exception sustained or entitled to remark, was taken to the charge in relation to the lien of the decedent’s debt to Rupp. If money, the representative of land, converted for partition, follows the nature of its principal, the lien is confessedly gone; and it is decisive that the conversion was for distribution among heirs and not creditors. The executor or administrator, having the money in hand, may tmdoubtedly apply it, in the event of deficiency of personal assets, to debts not barred by time; but only because another order to…
2Cases cited3 opinions
- Kerper v. HochSupreme Court of Pennsylvania · 1832
- Grider v. M'ClaySupreme Court of Pennsylvania · 1824
- Ferree v. Commonwealth ex rel. ElliottSupreme Court of Pennsylvania · 1822
3Cited by13 opinions
- Kirk v. Van HornSupreme Court of Pennsylvania · 1920
- Cooper's EstateSupreme Court of Pennsylvania · 1903
- Central-Penn National Bank v. CulpSupreme Court of Pennsylvania · 1935
- Girard Life Insurance, Annuity & Trust Co. v. Farmers' & Mechanics' National BankSupreme Court of Pennsylvania · 1868
- Higgins's EstateSupreme Court of Pennsylvania · 1936
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