Celia's Estate
Superior Court of Pennsylvania
Appeal, No. 4, April T., 1901, by James A. Wakefield, from decree of O. C. Allegheny Co., March T., 1899, No. 4, directing payment of owelty in the estate of Louis Celia, deceased. Petition for a decree to have owelty paid. From the record it appeared that in partition proceedings in the estate of Louis Celia, deceased, the parties in interest entered into an agreement in writing to divide among themselves the purpart specified in the return of the sheriff’s inquest.
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Appeal, No. 4, April T., 1901, by James A. Wakefield, from decree of O. C. Allegheny Co., March T., 1899, No. 4, directing payment of owelty in the estate of Louis Celia, deceased. Petition for a decree to have owelty paid. From the record it appeared that in partition proceedings in the estate of Louis Celia, deceased, the parties in interest entered into an agreement in writing to divide among themselves the purpart specified in the return of the sheriff’s inquest. They also agreed that certain of the purpart should be charged with owelty. Purpart H was alloted to John H. Celia charged with…
1Opinion of the Court
Opinion by
Orlady, J.,
The sum of the authorities is, that, although equitable liens are not favored by our law, yet parties may create by clear and express words in deeds of conveyance liens upon lands either for purchase money or for performance of collateral conditions which will be binding between themselves and their privies, and that such liens will be divested by subsequent sheriff’s sales unless they are in the nature of testamentary provisions for wives and children, or are not capable of valuation, or are expressly created to run with the land: Hiester v. Green, 48 Pa. 97; Bonebrake…
2Cases cited2 opinions
- Robisson v. MillerSupreme Court of Pennsylvania · 1893
- Neel's AppealSupreme Court of Pennsylvania · 1878