O'Brian v. Wiggins

Citations

• 14 Pa. Super. 37
• 1900 Pa. Super. LEXIS 4

Syllabus

<p>Decedent's real estate — Bale by order of court — Discharge of liens.</p> <p>A public sale under the Act of March 29, 1832, P. L. 190, discharges the lien of judgments, and when the court decrees by virtue of the supplementary Act of May 9, 1889, P. L. 182, the sale shall be private, the effect upon liens would seem to be the same, provided that the authority to decree the sale and the manner of its execution is in other respects in accordance with the provisions of the former act.</p> <p>Jurisdiction, O. G. — Essentials—Sale of real estate.</p> <p>The facts set out in the petition determine jurisdiction, and when the petition for leave to sell real estate for payment of debts fails to disclose the jurisdictional facts designated in sections 31 and 33 of the act of 1832, that is, to show that the personal estate is insufficient to disclose an appraisement of personal estate together with a full and correct statement of all decedent’s real estate and true account of all debts which have come to the knowledge of the executor or administrator, such petition fails to establish jurisdiction.</p> <p>Decedent's estate — Private sale of real estate — Act of 1889 — Notice.</p> <p>As the Act of May 9,1889, P. L. 182 is silent upon the subject of notice it would seem that before a private sale under that act is confirmed, notice should be given which would be equivalent to the notice required under the preexisting legislation which it is necessary to invoke in order to sustain the jurisdiction of the court to decree the sale.</p>