Kreamer v. Fleming
Supreme Court of Pennsylvania
Appeal, No. 266, Jan. T., 1900, by William F. Schroeder et al., from order of C. P. Clinton, Co., Jan. T., 1898, No. 408, making absolute a rule to show cause why. a venditioni exponas should not issue in case of Frederick Kreamer v. Margaret G. Fleming. Rule to show cause why writ of venditioni exponas should not issue to sell life estate. The facts are stated in the opinion of the Supreme Court. See also 191 Pa. 536. Error assigned was the order of the court.
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Appeal, No. 266, Jan. T., 1900, by William F. Schroeder et al., from order of C. P. Clinton, Co., Jan. T., 1898, No. 408, making absolute a rule to show cause why. a venditioni exponas should not issue in case of Frederick Kreamer v. Margaret G. Fleming. Rule to show cause why writ of venditioni exponas should not issue to sell life estate. The facts are stated in the opinion of the Supreme Court. See also 191 Pa. 536. Error assigned was the order of the court. The sale in the mortgage proceedings passed the fee to the purchaser free from incumbrances : Landis v. Lyon, 71 Pa. 475; Stecker v.…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
It was settled in Kreamer v. Fleming, 191 Pa. 534, that when Margaret Fleming purchased the children’s estate, “ she purchased the fee that they had, and her own previous life interest merged in it.....A levy and sale by a creditor on a judgment against her would have been of the fee. The sale was in fact under a judgment on the bond accompanying a purchase money mortgage, for default of one of the stipulated payments. There was no question of a discharge of dower or the sale of a life estate. The dower had merged. The sale was by a creditor on a judgment, and…
2Cases cited7 opinions
- Taylor's AppealSupreme Court of Pennsylvania · 1880
- Artman v. GilesSupreme Court of Pennsylvania · 1893
- Hunter's AppealSupreme Court of Pennsylvania · 1861
- Davis v. MichenerSupreme Court of Pennsylvania · 1884
- Winch's AppealSupreme Court of Pennsylvania · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- American Trust Co. v. KaufmanSupreme Court of Pennsylvania · 1923
- Sauber v. Nouskajian Et Ux.Supreme Court of Pennsylvania · 1926
- Brackin v. Welton Engineering Co.Supreme Court of Pennsylvania · 1925
- Mantz v. KistlerSupreme Court of Pennsylvania · 1908
- Bell v. MOCKSupreme Court of Pennsylvania · 1963
7 more not listed; retrieve them via the Exa API.