Biggert v. Biggert
Supreme Court of Pennsylvania
WRIT OF ERROR to Westmoreland county. James Holland and Elizabeth Biggert, administrators of- John Biggert deceased, against James Biggert and William M’llhenney.
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WRIT OF ERROR to Westmoreland county. James Holland and Elizabeth Biggert, administrators of- John Biggert deceased, against James Biggert and William M’llhenney. This was a writ of scire facias to November term 1834, by the defendants in error against the plaintiffs in error, for the purpose of showing cause why “the judgment recovered by the said James Holland and Elizabeth Biggert, administrators of John Biggert deceased, against the said James Biggert and William M’llhenney, as aforesaid, ought not to be revived and be continued a lien on their real estate during another period of five…
1Opinion of the Court
Per Ctjriam.
It was held in Ferree v. The Commonwealth, 8 Serg. & Rawle 314, that the wife’s real estate is not converted into personalty by a bare order to sell before her death ; but here there was an actual sale, and security for the purchase money, and the sur» viving husband is consequently entitled to it as her administrator.
Judgment affirmed.
2Cited by5 opinions
- Oberly v. LerchNew Jersey Court of Chancery · 1867
- Biggert's EstateSupreme Court of Pennsylvania · 1852
- Dyer v. CornellSupreme Court of Pennsylvania · 1846
- Pennell's AppealSupreme Court of Pennsylvania · 1853
- Paul v. YorkCourt of Appeals of Tennessee · 1874