Grubb v. Galloway

Citations

• 203 Pa. 236
• 52 A. 176
• 1902 Pa. LEXIS 696

Syllabus

<p>Orphans' court sale — Tille—Lien of decedent's debts — Mortgage—Validity of decree.</p> <p>Where a petition to the orphans’ court by an administrator for leave to mortgage real estate for payment of debts avers the death of the decedent within five years, and the existence of debts of which a schedule is filed, and a decree is entered in accordance with the prayer of the petition, the decree is conclusive that the debts mentioned in the petition were debts of the decedent, a lien on his real estate, and of a proper amount to require the mortgage petitioned for. The mortgagee may rely upon the decree as a conclusive adjudication of all the facts, and the decree cannot be attacked in subsequent scire facias proceedings on the mortgage, on the ground that the schedule of debts in the petition exhibited such looseness or irregularities as to put the mortgagee upon inquiry as to the actual facts.</p> <p>Smith v. Wildman, 178 Pa. 245; 194 Pa. 294, criticised and distinguished.</p>