Stephens's Executors' Appeal
Supreme Court of Pennsylvania
This was an appeal by the executors of the last will and testament of James Stephens, deceased, from the decree of the Common Pleas of Greene county confirming the report of the auditor appointed to distribute the proceeds of the real estate of John B. Gordon. James Stephens, by articles of agreement dated the 10th of February 1840, sold a tract of land to Isaac Shull. After-wards, and before the money was all paid, Stephens died.
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This was an appeal by the executors of the last will and testament of James Stephens, deceased, from the decree of the Common Pleas of Greene county confirming the report of the auditor appointed to distribute the proceeds of the real estate of John B. Gordon. James Stephens, by articles of agreement dated the 10th of February 1840, sold a tract of land to Isaac Shull. After-wards, and before the money was all paid, Stephens died. His executors, in order to enforce the payment of the balance of tbe purchase-money, proved the contract, obtained leave to make a deed, made their deed and…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, J.
— The auditor appointed to make distribution of the proceeds of the sale of the real estate of John B. Gordon, decided that the appellants’ judgment was not entitled to any share, for the reason that it was not a lien at the time of the sale. That judgment was for purchase-money, due by the vendor of the defendant in the execution, to Stephens, from whom he had purchased.
The judgment was obtained by the executors, but, before doing so, they tendered and filed a deed for the premises, to Shull, the vendee. Shull had sold by deed to Gordon;…
2Cases cited5 opinions
- Love v. JonesSupreme Court of Pennsylvania · 1835
- Wood v. ReynoldsSupreme Court of Pennsylvania · 1844
- Bear v. PattersonSupreme Court of Pennsylvania · 1842
- Crutcher v. CommonwealthSupreme Court of Pennsylvania · 1841
- Mehaffy's AppealSupreme Court of Pennsylvania · 1844
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- Lambert v. K-Y Transportation Co.Superior Court of Pennsylvania · 1933
- Hickman's EstateSuperior Court of Pennsylvania · 1909
- Steinhardt v. Russian Orthodox Catholic Mutual Aid SocietySupreme Court of Pennsylvania · 1951
- Citizens Bank v. Variali, Pennsylvania Court of Common Pleas, Indiana County1932