Legal Opinion

Bailey & Pott v. Commonwealth

Supreme Court of Pennsylvania

Decided February 3, 1862PublishedCited by 1 opinion

Error to the Common Pleas of Schuylkill county. This was a scire facias sur recognisance in the Orphans’ Court to September Term 1859, in the name of The Commonwealth for the use of the heirs of John Bailey, Sr. and against John Bailey, Jr., and Abraham Pott, with notice to Thomas Wiley, terretenant, in which the following case was stated for the opinion of the court:— John Bailey, Sr., formerly from Port Carbon, died November 10th 1837, seised in fee simple of and in…

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Error to the Common Pleas of Schuylkill county. This was a scire facias sur recognisance in the Orphans’ Court to September Term 1859, in the name of The Commonwealth for the use of the heirs of John Bailey, Sr. and against John Bailey, Jr., and Abraham Pott, with notice to Thomas Wiley, terretenant, in which the following case was stated for the opinion of the court:— John Bailey, Sr., formerly from Port Carbon, died November 10th 1837, seised in fee simple of and in certain real estate in Port Carbon, said county. Proceedings were had in the Orphans’ Court of said county to make partition…

1Opinion of the Court

The opinion of the court was delivered,

by Thompson, J.

The main question presented here for adjudication, is upon the effect of the recognisance entered into by Bailey & Pott. Did it stand good as a recognisance for the widow’s share as well as that of the heirs, being in their names and payable in one year ? The pertinency of this inquiry consists in this, that if it is to be treated as a recognisance for the shares to b .* paid to the heirs, the sheriff’s sale to Wiley divested its lien, because it would be payable out of the proceeds of that sale. If the one-third of it was to cover the…

2Cases cited1 opinion

  1. Noble v. MarkleyOhio Supreme Court · 1833

3Cited by1 opinion

  1. Smith v. DanielsonSuperior Court of Pennsylvania · 1911

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