McClure v. Smith

Philadelphia County Court of Common Pleas

McClure v. Smith

2 Miles 255

CourtPennsylvania Court of Common Pleas, Philadelphia County

DecidedSeptember 29, 1838

StatusPublished

This text of 2 Miles 255 (McClure v. Smith) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McClure v. Smith, 2 Miles 255 (Pa. Super. Ct. 1838).

Pincite

Opinion

Per Curiam.—

The report of the auditor must be confirmed. Sect. 34 of the act of 24th February, 1834, is imperative, that unless the widow and devisees are served with notice of the suit brought against the executor, where a claimant seeks to charge the real estate of the testator, the judgment obtained shall not be levied or paid, out of such real estate. (Stroud's Purd. tit. Executors and Administrators.) By sect. 24 the lien of the debt was gone, more than five years after the death of the testator having elapsed before the suit was brought.

Exceptions dismissed.

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Per Curiam.—

The report of the auditor must be confirmed. Sect. 34 of the act of 24th February, 1834, is imperative, that unless the widow and devisees are served with notice of the suit brought against the executor, where a claimant seeks to charge the real estate of the testator, the judgment obtained shall not be levied or paid, out of such real estate. (Stroud's Purd. tit. Executors and Administrators.) By sect. 24 the lien of the debt was gone, more than five years after the death of the testator having elapsed before the suit was brought.

Exceptions dismissed.

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Bluebook (online)

2 Miles 255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcclure-v-smith-pactcomplphilad-1838.