Moorhead v. Commonwealth
Moorhead v. Commonwealth
Opinion of the Court
The opinion of the court was delivered
— Under a proceeding in partition in the Orphans’ Court, the land which was the subject of it was ordered to be sold, and the trustee appointed to sell it, gave bond with Moorhead as surety, conditioned for the faithful application of the proceeds. In ordering the sale, the court directed' that the whole price should be paid within a certain period, and it was paid, and the trustee invested it, and now, when the widow sues for her annual portion of it, the surety sets up for defence that the Orphans’ Court had no jurisdiction to order a sale, so as to discharge the land of the widow’s portion; he did indeed become surety, that the trustee should faithfully execute the decree-, but the court had no authority to make the decree. If possible, let us suppose it so.
Can such a question he raised in such a proceeding as this ? The Orphans’ Court Act of 1832, expressly forbids it, declaring
Judgment affirmed.
Reference
- Full Case Name
- Moorhead versus The Commonwealth
- Status
- Published