Supreme Court of Pennsylvania, 1839

Brobst v. Bright

Brobst v. Bright
Supreme Court of Pennsylvania · Decided May 15, 1839
8 Watts 124

Brobst v. Bright

Opinion of the Court

Per Curiam.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.