9 Pa. 18 | Pa. | 1848
Debts which do not abate fro rata, when payment is to be made out of the assets of an insolvent estate, are not within the spirit of the act which requires presentation for settlement within the year. The question then is, whether the appellants’ claim was a privileged one; and that depends on the nature of their contract with the decedent. It was the grant of a right to mine coal for so much the ton; and the redditus was consequently a certain rent for which a distress might have been made. In substance, it was as distinctly a lease as that in Offerman v.
Decree corrected accordingly.