Strouse v. Lawrence

Citations

• 160 Pa. 421
• 28 A. 930
• 1894 Pa. LEXIS 823

Syllabus

<p>Orphans' court — Jurisdiction—Decedent's debts.</p> <p>The distribution of a decedent’s estate among creditors as well as legatees and distributees belongs exclusively to the orphans’ court, and creditors are bound to appear and claim their respective debts in that court or to be debarred from the distribution.</p> <p>A creditor may of course proceed in a common law action to establish his claim, but he cannot take any part of the estate under a judgment in such ease. He must come into the orphans’ court, and establish his claim there, and take the share of the entire estate which is allotted to him along with the other creditors.</p> <p>A creditor cannot, by an attachment execution on a judgment obtained after the death of a decedent, appropriate to the payment of his debt a chose in action due to the estate of the decedent.</p> <p>Justice of the peace — Attachment execution — Certiorari—Appeal—Acts of April 15, 1845, and March 20, 1810.</p> <p>A proceeding by attachment execution before a justice of the peace under the act of April 15, 1845, P. L. 459, is not embraced within the provisions of the 22d and 24th sections of the act of March 20, 1810, 5 Sm. L. 172, prohibiting writs of certiorari from the common pleas, and writs of error from the Supreme Court; and an appeal will lie in such case.</p>