Mangan's Appeal
Supreme Court of Pennsylvania
Appeal from a decree of the Orphans’ Court of Luzerne County confirming absolutely a sale of decedent’s real estate for the payment of debts.
Read the full summary
Appeal from a decree of the Orphans’ Court of Luzerne County confirming absolutely a sale of decedent’s real estate for the payment of debts. Before L. B. Landmesser, Esq., the examiner to whom the petition of Mary Mangan, widow and administratrix, for the sale of Michael Mangan’s real estate for the payment of his debts was referred, the following facts appeared: Michael Mangan, March 10, 1874, entered into a written contract with Charles Pugh, for the purchase of the lot of land described in the petition, for the price of $5,700, payable: $500 down; $560 November 1, 1874; $464 April 1,…
1Opinion of the Court
OpiNioN by
Mu. Justice Green:
We are quite clear tbat this case was correctly decided by tbe learned court below. Tbe plain words of tbe act of 1834 prohibit either tbe levy or the payment of tbe decedent’s debt out-of tbe real estate of tbe widow and heirs, unless they bave been brought in by proper notice.
In construing this act we held in McCracken v. Roberts, 19 Pa. 390, tbat a sheriff’s sale of tbe real estate of a deceased person on a judgment obtained against the administrators of bis estate, to wdiich his children were not made parties, agreeably to tbe provisions of § 34 of tbe act of…
2Cases cited5 opinions
- Murphy's AppealSupreme Court of Pennsylvania · 1844
- Riland v. EckertSupreme Court of Pennsylvania · 1854
- McCracken v. RobertsSupreme Court of Pennsylvania · 1852
- Sample v. BarrSupreme Court of Pennsylvania · 1855
- Keenan v. GibsonSupreme Court of Pennsylvania · 1848