7 Watts 316 | Pa. | 1838
The opinion of the Court was delivered by
The question is, what did the sheriff’s vendee purchase ? If only the estate of the son, then the son’s creditor is entitled to the proceeds of it, and the father’s creditor may still have recourse to the land. It is important that it was sold expressly subject to the widow’s incumbrance. According to Fisher v. Kean, 1 Watts 259, it could not have been sold discharged of it, nor consequently of an incumbrance still earlier. In a case like this, where an estate cannot be sold entirely disincumbered on a younger judg
Decree of the court below reversed, and the proceeds of the sale ordered to be applied to Mix’s judgment.