15 Pa. 103 | Pa. | 1850
The opinion of the court was delivered by
This judgment, which is the converse of the one given when the cause was here before, is affirmed, for the reasons assigned for reversing the first judgment of the court below. That is, because the fund itself, in the hands of Baldy, the garnishee, possessed no immunity from the attachment process; and because the relation which Kenderton Smith, administrator cum testamento annexo, bore to that fund could impart no immunity to it. I will add, however, a few observations, as some other points are 'raised in this case, as to the amount properly attachable. Kenderton . Smith, the' administrator, is no party to the attachment, nor are the other devisees of Thomas Grant. They are on the record by permission of the court to interplead. But Baldy, the garnishee, was bound to make every just and legal defence which they can make, or be answerable to them for the fund. The plea is, that at the time of the service of the attachment, Baldy had no assets in his hands belonging to George Grant. Thomas Grant, the testator, died in 1815, leaving a large estate, having first made his will, by which his .mansion farm was devised to his wife for life, and after her death it was directed to be sold, and the proceeds of the sale he bequeathed to his children, in equal shares,’ one of
The plaintiff in attachment is entitled to one-sixth of the money in the hands of Baldy when the attachment was served, either then due, or to become due, without any deduction for the money taken by Mr. Greenough.
I will add, that, although the lien of the Greenough judgments may not have' been properly kept up, yet they may be good liens against the lands specially charged with the payment of testator’s debts, under the rule established in 8 Watts 503, Alexander v. Murray. The administrator, with respect to those lands and the money raised by their sale, would be considered a trustee for the creditors, and bound to apply them or their proceeds, when he sold them, to judgments, the lien of which had not been regularly preserved, until they are barred by legal presumption of payment. But the mansion-place or its proceeds is not to be bound.
The judgment is affirmed.