12 Pa. 344 | Pa. | 1849
Jan. 3.
There is little difficulty in determining that John Lentz had an estate by the will, which might have been bound by a judgment. The gift of a thousand dollars more than a fifth part of the whole real estate, was not a bequest of money, but an implied devise of land, the numerical amount being used only as a measure of quantity. John, therefore, took by implication a fifth part of the real estate, and the worth of a thousand dollars more, either in land or money, charged on the other four-fifths—it is unnecessary to say which. No power was given to sell, except by the unanimous consent of the devisees; and this shows that she intended an estate in the land, and not an interest in the price of it. The features of the case consequently bear no resemblance to those of Allison v. Rankin, or other cases of the stamp.
The question is, was it bound ? Previous to his conveyance, a creditor had obtained an award against him under the compulsory arbitration act, which declares such an award “shall have the effect of a judgment against the party against whom it is made, and be a lien on his real estate until such judgment be reversed on appeal.” The Act evidently contemplated reversal^by the party against whom the award was to operate; and when he has reversed
Judgment reversed.