Warden v. Eichbaum
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of ejectment, brought by Eichbaum, committee of the person and estate of Matilda Elliott, a lunatic, Elizabeth Elliott, and James Elliott, heirs of West Elliott, deceased, v. Warden and Alexander, for ninety-six acres of land in St. Clair township, Allegheny county, on which the village of Temperance-ville is now laid out.
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Error to the District Court of Allegheny county. This was an action of ejectment, brought by Eichbaum, committee of the person and estate of Matilda Elliott, a lunatic, Elizabeth Elliott, and James Elliott, heirs of West Elliott, deceased, v. Warden and Alexander, for ninety-six acres of land in St. Clair township, Allegheny county, on which the village of Temperance-ville is now laid out. The plaintiffs claimed as heirs at law of West Elliott, father of Matilda, Elizabeth, and James; also as heirs at law of their brothers, Daniel and Joseph, who died intestate, without issue, after the death…
1Opinion of the Court
*124The opinion of the court was delivered by
Bell, J.
— If any regard be due to legislative enactment and judicial decision, it is impossible to perceive how the plaintiffs in error can hope to evade the consequences resulting from the disregard of the statutory provision, calling for notice to heirs or devisees before lands descended or devised can be taken in execution for the debts of a decedent. The act of 1834 is imperative that “in all actions against the executors or administrators of a decedent, who shall have left real estate, when the plaintiff intends to charge such real estate with the…
2Cases cited5 opinions
- Adlum v. YardSupreme Court of Pennsylvania · 1829
- Stroble v. SmithSupreme Court of Pennsylvania · 1839
- Benner v. PhillipsSupreme Court of Pennsylvania · 1845
- Murphy's AppealSupreme Court of Pennsylvania · 1844
- Beale v. CoonSupreme Court of Pennsylvania · 1834
3Cited by3 opinions
- Power v. GroganSupreme Court of Pennsylvania · 1911
- Bennett v. Hayden, Pennsylvania Court of Common Pleas, Westmoreland County1892
- Jennings v. BloomfieldSupreme Court of Pennsylvania · 1901