Brobst v. Bright
Supreme Court of Pennsylvania
Brobst v. Bright, 8 Watts 124 (Pa. 1839)
Brobst v. Bright
Opinion of the Court
The principle of this case is the same as the principle of Fetterman v. Murphy, which, except that the imaginary lien of a judgment against an executor or administrator was attempted to be put on a footing with the lien of a judgment against a debtor himself, was there sufficiently stated. No statute limits the lien of a judgment in favour of the heirs of the debtor; nor is there reason or necessity for it. After a reasonable time for the presentment of demands, it is proper to secure the heirs from secret debts, that they may improve their estates without risking the expenditure; but the propriety of it vanishes before a debt of record, and the plaintiff, here, was clearly entitled to execution of the land.
Judgment affirmed.
Reference
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- Brobst against Bright
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