Perret v. Lepper

Citations

• 226 Pa. 528
• 75 A. 723
• 1910 Pa. LEXIS 810

Syllabus

<p>Execution — Decedents’ estates — Real estate — Orphans’ court sale.</p> <p>Where the defendant in a judgment has died, leaving personal property insufficient for the payment of his debts the plaintiff may enforce his lien against the decedent’s estate by issuing execution out of the court in which the judgment was entered. The latter court, in the exercise of a sound discretion, may stay the execution so as to allow the sale to be made under the jurisdiction of the orphans’ court, but it is not required to do so, and it will not do so of its own motion.</p>