Hayes v. Gillespie

Supreme Court of Pennsylvania

Hayes v. Gillespie

35 Pa. 155

CourtSupreme Court of Pennsylvania

DecidedJuly 1, 1860

StatusPublished

Cited by4 cases

This text of 35 Pa. 155 (Hayes v. Gillespie) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hayes v. Gillespie, 35 Pa. 155 (Pa. 1860).

Pincite

Opinion

Per Curiam.

In so severe a proceeding as a foreign attachment, we cannot doubt that the prescribed form of serving the writ, in order to attach real estate, must be strictly pursued. The law allows it to be served on a tenant in possession, “ holding under the defendantand we are very clear that where the defendant inherits the land subject to a curtesy estate, the tenant by the-curtesy does not hold under him in any proper sense. The service on him was therefore improper, and was rightly quashed.

Judgment affirmed.

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Per Curiam.

In so severe a proceeding as a foreign attachment, we cannot doubt that the prescribed form of serving the writ, in order to attach real estate, must be strictly pursued. The law allows it to be served on a tenant in possession, “ holding under the defendantand we are very clear that where the defendant inherits the land subject to a curtesy estate, the tenant by the-curtesy does not hold under him in any proper sense. The service on him was therefore improper, and was rightly quashed.

Judgment affirmed.

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Bluebook (online)

35 Pa. 155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayes-v-gillespie-pa-1860.

Opinion

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