Hays v. Shannon
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin county. Ejectment for a lot of ground in Harrisburg, by Alexander L. Hays and wife against John Shannon. The title to the lot in dispute had been vested in Alexander Berryhill, who had made a contract to sell it to Galbraith Patterson.
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ERROR to the common pleas of Dauphin county. Ejectment for a lot of ground in Harrisburg, by Alexander L. Hays and wife against John Shannon. The title to the lot in dispute had been vested in Alexander Berryhill, who had made a contract to sell it to Galbraith Patterson. After the death of both Alexander Berryhill and Galbraith Patterson, no deed having been executed or purchase money paid, the administrators of Patterson, confessed a judgment for the amount of the purchase money to the administrators of Berryhill, on the 15th May 1802. Several executions issued and real estate of the…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
An unavoidable consequence of treating lands as chattels for payment of debts, is our practice to treat the executor or administrator of a debtor as the legal party to answer process against the real assets, whether scire facias or' original. Its defect is that the heir, though admitted to defend spontaneously, is not joined as a party on the record, nor is a day in court always given him by notice. It is, however, indispensable to bring in the personal representative in order to protect the interests of the other creditors; and it is…
2Cases cited3 opinions
- Berryhill v. WellsSupreme Court of Pennsylvania · 1812
- Burns v. ThornburghSupreme Court of Pennsylvania · 1834
- Fries v. WatsonSupreme Court of Pennsylvania · 1819
3Cited by7 opinions
- Duff v. WynkoopSupreme Court of Pennsylvania · 1874
- Collins v. PhillipsSupreme Court of Pennsylvania · 1912
- Betts v. JohnsonSupreme Court of Vermont · 1896
- Overton v. TozerSupreme Court of Pennsylvania · 1838
- Shearer v. NaftzingerSuperior Court of Pennsylvania · 1998
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