Commonwealth ex rel. Chapman v. Rodgers

Citations

• 6 Pa. Super. 284
• 1898 Pa. Super. LEXIS 147

Syllabus

<p>Partition — Distribution of proceeds — Lien creditors of heir — Trustee's responsibility.</p> <p>Whore the orphans’ court in distribution of the proceeds of the sale of land by a trustee in partition proceedings, awards to an heir only what would remain of her share of the fund after payment of the record liens against her interest the trustee having given bond to appropriate the proceeds of such real estate according to the trust and decree of the court, the trustee cannot ignore a lien creditor of the heir and settle with the latter who has no authority to release the trustee from his duty to pay such creditor under the decree of the court.</p> <p>Partition — Judicial sale — Divestiture of liens.</p> <p>Where proceedings in partition result in a judicial sale of the land, the lien which had been created by one of the tenants is divested from the land but continues on the money raised by the sale.</p> <p>Partition — Sale by trustee — Duty of trustee to take searches before distribution.</p> <p>A trustee who sold real estate under a decree in partition, and settled with one of the heirs without taking out searches for liens of record, is liable to a mortgagee whose mortgage was discharged by the sale.</p>