Legal Opinion

Keenan v. Gibson

Supreme Court of Pennsylvania

Decided October 16, 1848PublishedCited by 2 opinions

In error from the Common Pleas .of Westmoreland. Case stated. West, having devised his lands, died on the 1st June, 1828. In 1833, Keenan obtained a judgment against his executors. In 1838, this was revived against the executors by seire facias. In 1843, a scire facias to revive issued against his executors and devisees. Whether the lands devised were liable, was the question. The court thought they were, and gave judgment accordingly.

1Opinion of the CourtBell, J.

This case is not to be distinguished from Benner v. Phillips, 9 W. & S. 13, save in some immaterial particulars. In both instances the debtor died before the act of February, 1834, and the lien of his debts on Ms real estate was consequently continued, under the act of 1797, for seven years. In both cases, too, suit was brought within that period, and judgment recovered against the personal representatives of the deceased. In the first of them, the question directly arose, whether there was any limitation of the lien of this judgment as against heirs or devisees, holding the land left by the…

2Cases cited2 opinions

  1. Benner v. PhillipsSupreme Court of Pennsylvania · 1845
  2. Murphy's AppealSupreme Court of Pennsylvania · 1844

3Cited by2 opinions

  1. Kirk v. Van HornSupreme Court of Pennsylvania · 1920
  2. Mangan's AppealSupreme Court of Pennsylvania · 1887

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