Penn v. Hamilton
Supreme Court of Pennsylvania
ERROR to the common pleas of Cumberland county. This was an action by John Penn, Sen., who survived John Penn, Jun., against Samuel Alexander, Esq. and Frederick Watts, Esq., administrators de bonis non of James Hamilton, Esq., deceased, in which the parties agreed to consider the following facts in the nature of a special verdict.
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ERROR to the common pleas of Cumberland county. This was an action by John Penn, Sen., who survived John Penn, Jun., against Samuel Alexander, Esq. and Frederick Watts, Esq., administrators de bonis non of James Hamilton, Esq., deceased, in which the parties agreed to consider the following facts in the nature of a special verdict. On the 25th of March 1793, Ephraim Blaine was indebted to John Penn, Sen. and John Penn, Jun., and executed to them four bonds ; the first conditioned for the payment of 36 pounds, on the 25th of July following; the second, for the payment of 376 pounds at the same…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The principle of Trevor v. Ellenberger, though not fully expressed in the opinion delivered, will be found to cover the whole field of the controversy. It was admitted that the lien of creditors ón a decedent’s land, springs exclusively from the intestate laws which make his estate a fund for payment of his debts ; insomuch, that nothing is added or gained by a judgment against his representatives; and that the act of 1798, by which is provided a peculiar scife facias to prolong the lien of judgments inter vivos, is not directly applicable…
2Cases cited2 opinions
- Kerper v. HochSupreme Court of Pennsylvania · 1832
- Bruch v. LantzSupreme Court of Pennsylvania · 1830
3Cited by13 opinions
- Kirk v. Van HornSupreme Court of Pennsylvania · 1920
- Bindley's AppealSupreme Court of Pennsylvania · 1872
- Smith v. WildmanSupreme Court of Pennsylvania · 1896
- Alexander v. M'MurrySupreme Court of Pennsylvania · 1839
- Konigmaker v. BrownSupreme Court of Pennsylvania · 1850
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