4 Pa. 164 | Pa. | 1846
The real estate of William J. Wilson having been sold, the money arising from the sale was brought into court for distribution.
The counsel of the Commonwealth claimed out of the proceeds of sale the amount of a settlement made by Wilson as brigade inspector, on the 25th of January, 1839, of $202 93, by virtue of the twelfth section of the act of the 30th of March, 1811, 5 Smith’s Laws, 231, which provides, “that the amount or balance of every account, settled agreeably to this act, due to the Commonwealth, shall be deemed and adjudged to be a lien from the date of the settlement of such account, on all the real estate of the person or persons indebted, and on his or their sureties throughout the Commonwealth.” The settlement of accounts being between the brigade inspector and other officers, and the auditor-general, this act was found imperfect as to notice to other creditors; for a remedy of this evil, the legislature on the 16th of April, 1827, sect. 4, Pamph. L. p. 472, provided, that “ the auditor-general is hereby allowed and required to transmit to the prothonotary of the respective counties, to