Weekly notes of cases argued and determined in the Supreme Court of Pennsylvania, the County courts of Philadelphia, and the United States District ... Eastern district of Pennsylvania Volume 24 - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 Excerpt: ...husband of Martha J. Snively, deceased, from a decree of the Orphans' Court of Franklin County, in the matter of the distribution of the estate of said Martha J. Snively. Before the Auditor (W. J. Zacharias, Esq.) appointed to make distribution of the fund, $1806.90, arising from the sale by her executrix of certain real estate belonging to the estate of Martha J. Snively, deceased, it appeared that this real estate was originally the property of Benjamin Eby, who died May 9, 1862. After his death proceedings in partition were begun and so proceeded in that the said real estate was awarded to said Martha J. Snively, a daughter of Benjamin Eby, at her bid of $2905, and she on the same day, November 24, 1884, entered into a recognizance in the usual form to Irene R. Eby, her sister, to secure her portion (one-half) of said bid, less costs, viz., J1411. J. Stouffer Snively had asked to take the said real estate in right of his wife, and had been refused. Upon these facts the Auditor held that the aforesaid recognizance, having been given by a married woman, was a lien only upon that portion of the real estate which the recognizor acquired by the decree of the Court awarding the same to her, and for the securing of the price of which the recognizance was given, to wit, the one undivided half which formerly belonged to Irene R. Eby, and that only one-half of the proceeds of the sale of said real estate was answerable for the debt secured by the recognizance. Exceptions to this report, duly filed, were sus tained by the Court, Rowe, P. J., who held that the recognizance was a lien upon the whole of said real estate, and decreed distribution accordingly. Thereupon the said J. Stouffer Snively took this appeal, assigning as error, inter alia, that conclusion of law...
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