Milliken v. Kendig
Supreme Court of Pennsylvania
EehoR to the Common Pleas of Mifflin county. In the court below, this was an issue directed to try the right to money in the hands of the sheriff, which was made out of the sale of the real estate of Henry Comfort. Jacob Comfort, being indebted'by judgment, died, and his real estate descended to his children, of whom Henry' Comfort was one.
Read the full summary
EehoR to the Common Pleas of Mifflin county. In the court below, this was an issue directed to try the right to money in the hands of the sheriff, which was made out of the sale of the real estate of Henry Comfort. Jacob Comfort, being indebted'by judgment, died, and his real estate descended to his children, of whom Henry' Comfort was one. Judgments were obtained against Henry, and executions issued, which were levied upon his interest in hjs father’s estate, which" was subsequently sold and the proceeds of Sale brought into courf'for appropriation. It was claimed by the creditors of the…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
I cannot distinguish this, from the case of the Commonwealth for the use of Gurney’s executors against Alexander, *47814 Serg. & Rawle, 257. The 11th section of the act of 1806¡, Was not intended to prohibit the sale of an undivided interest in an entire tract of land, nor has the plaintiff in error, so construed the law. After having himself sold the share of Henry Comfort, he now seeks to throw the prior incumbrances on the .vendee of the sheriff. This cannot be,,as has been repeatedly decided. The sheriff’s vendee takes the land, discharged of…
2Cases cited1 opinion
- Commonwealth ex rel. Gurney's Exrs. v. AlexanderSupreme Court of Pennsylvania · 1826