Lewis's Assigned Estate

Citations

• 170 Pa. 376
• 32 A. 1046
• 1895 Pa. LEXIS 1416

Syllabus

<p>Life estate — Sequestration—EvsecutAon—Acts of Oat. 13,1840, and Jan. 24, 1849 — Assignment for benefit of creditors.</p> <p>Where the owner of a life estate against whom two judgments are o-f record makes a general assignment for the benefit of creditors, and, after the assignment, execution is issued by one of the judgment creditors for the sale of the life estate, the court will not interfere at the instance of the other judgment creditor to stop the sale and appoint a sequestrator of the life estate under acts of Oct. 13, 1840, P. L. 3 (Laws of 1841), and Jan. 24, 1849, P. L. 676, to sequester the rents. In such a case it is not in the power of the court to put the sequestrator in possession of that which is lawfully in possession of the assignee.</p>