Hicks v. Skie

The question submitted to the Court in this case is: Can the undivided interest of a devisee of real estate be levied upon and sold under execution on the part of a judgment creditor, prior to the entry of decree of final distribution of the estate of which the the real estate is a part of the assets? Plaintiff herein is a judgment debtor. The defendant is the county sheriff. Defendant levied an execution on plaintiff’s undivided interest in the devised real estate and gave notice of sheriff’s sale. Plaintiff, claiming that defendant was without authority to levy upon or sell his interest in…