Commonwealth ex rel. Moore v. Rahm
Supreme Court of Pennsylvania
In Error. ERROR to the Common Pleas of Dauphin county. ■ This was an action against Rahm, late sheriff of Dauphin county, and his sureties, founded on an alleged breach of his official bond. An execution had issued on a judgment against the administratrix of Thomas Moore, deceased, by virtue of which Rahm, the then sheriff, levied on the real estate of Thomas Moore, deceased, and sold it.
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In Error. ERROR to the Common Pleas of Dauphin county. ■ This was an action against Rahm, late sheriff of Dauphin county, and his sureties, founded on an alleged breach of his official bond. An execution had issued on a judgment against the administratrix of Thomas Moore, deceased, by virtue of which Rahm, the then sheriff, levied on the real estate of Thomas Moore, deceased, and sold it. The proceeds of sale being more than sufficient to satisfy the judgment, the sherjf]f paid the surplus to the administratrix. George Moore, the heir of Thomas Moore, for whose use the suit was brought,…
1Opinion of the Court
Tilghman C. J.
(After stating the case.) Lands in Pennsylvania are assets for the payment of debts. And the practice is, not to bring an action against the heir or devisee, but against' the executor or administrate!’ of the debtor; and judgment having been obtained, an execution issues, by virtue of'which the lánd in the possession of the heir' or devisee is levied on and sold. The act of assembly of 1705, directs that where no sufficient personal estate can be found, the land shall be liable to be seized and sold, and if the proceeds of the sale shall be more than sufficient to satisfy the…
2Cases cited1 opinion
- Guier v. KellySupreme Court of Pennsylvania · 1810
3Cited by1 opinion
- Carter v. TruemanSupreme Court of Pennsylvania · 1847