Roberts v. Powell
Supreme Court of Pennsylvania
Appeal, No. 128, Jan. T., 1904, by defendants, from decree of C. P. No. 1, Phila. Co., Marcli T., 1900, No. 1085, dismissing exceptions to report of master in case, of James B. Roberts v. George W. Powell et al. Exceptions to report of Fred Taylor Pusey, Esq., master. The opinion of the Supreme Court states the case. Errors assigned were in dismissing exceptions to master’s report.
1Opinion of the Court
Opinion by
Mb. Chief Justice Mitcheee,
The fund in court was the proceeds of a sale in partition, and the executrix of G. W. Powell, one of the co-tenants defendant, presented as a claim against the fund a judgment entered against the common ancestor, G. S. Powell, in April, 1866, and marked to the use of G. W. Powell in 1900. G. S. Powell died in 1871. The claim was presented to the master in partition in December, 1903.
That a judgment, nearly thirty-eight years old, and presented as a lien against the defendants’ land more than thirty-two years after his death, was prima facie barred by the…
2Cases cited2 opinions
- Ziegler v. SchallSupreme Court of Pennsylvania · 1904
- Appeal of BrenemanSupreme Court of Pennsylvania · 1888
3Cited by3 opinions
- Brubaker's EstateSuperior Court of Pennsylvania · 1915
- Lewis EstateSupreme Court of Pennsylvania · 1944
- Kyper v. SheafferSuperior Court of Pennsylvania · 1910