Scott v. Ramsay
Supreme Court of Pennsylvania
IN ERRoR. IN this cause, which was brought up from the Common Pleas of Washington county by writ of error, a case was stated for the opinion of the court, which was in substance as follows: ~ohn Patterson died intestate, possessed of personal pro- perty, and seised in fee of real estate. At the time of his death several persons had obtained judgments against him before jus- tices of the peace.
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IN ERRoR. IN this cause, which was brought up from the Common Pleas of Washington county by writ of error, a case was stated for the opinion of the court, which was in substance as follows: ~ohn Patterson died intestate, possessed of personal pro- perty, and seised in fee of real estate. At the time of his death several persons had obtained judgments against him before jus- tices of the peace. After his death several creditors obtained judgments against his administrator on debts by simple con- tract. The personal estate being insufficient, the real estate was sold by order of the Orphan's…
1Opinion of the Court
Tilghman C. J.
delivered the court's opinion. The
first question has been determined by this court in the case of Wootering v. The executors of Stewart. (December term 1799.) It was there decided on argument and full considera tion that the order of payment was to be according to the nature *222of the debt at the time of the testator’s decease; and couscquently a simple contract creditor obtained no preference by obtaining judgment against the executors.
It has been contended on the second point, that the'term judgments, in the act of Assembly 19th April 1794 is to be restrained to judgments in a…
2Cited by8 opinions
- Davis v. SmithSupreme Court of Georgia · 1848
- Bosler's Administrators v. Exchange BankSupreme Court of Pennsylvania · 1846
- Fetterman v. MurphySupreme Court of Pennsylvania · 1835
- Hitchcock v. LongSupreme Court of Pennsylvania · 1841
- Rowland v. HarbaughSupreme Court of Pennsylvania · 1836
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