Pennsylvania State Reports (Volume 92) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881. Excerpt: ... Wharton Bros. & Co. r. Douglas & Son.J It is possible that, under the provisions of the Act of May 1st 1861, a lien against the new erection might have been good; but it is to no purpose to talk about what might have been, since it is enough, for the present purpose, to know that the lien before us does not attach to the building therein described. For authority for this conclusion, if indeed authority be necessary for a matter so very plain, we refer to the case of Rynd v. Bakewell, 6 Norris 460, which is directly in point. The defendant's first point, "under all the evidence in the case, the verdict should be for the defendant," ought to have been affirmed. Judgment reversed. Williams's Appeal. Decedent died March 31st 1877, leaving a divorced wife and three minor children. No claim on behalf of the children for the $300 exemption was made at the time of the sale of decedent's personal property, in May 1877. At, that time the children had no guardian, nor was any appointed until October 1877. After his appointment the guardian filed a petition in the Orphans' Court, averring that no demand had been made to set aside the $300, and praying for a citation on the executor to show cause why he should not do so. The Orphans' Court in distributing the funds in the hands of the executor disregarded the claim for the exemption and gave the money to the creditors. Held, that this was not error, as the claim was too late. November 6th 1879. Before Sharswood, C. J., Mercur, Gordon, Paxson and Trunkey, JJ. Sterrett and Green, JJ., absent. Appeal from the Orphans' Court of Allegheny county: Of October and November Term 1878, No. 202. Appeal of A. S. Williams, guardian of the minor children of F. August Ruckert, deceased, from the decree of the court in the matter of ...