8 Pa. 57 | Pa. | 1848
This is a case of the first impression in this court; and its interest is greatly enhanced by the hopeless condition of the unfortunate class of human beings whose interests it regards. Everywhere in the civilized world the deprivation of reason has been and is considered a valid claim, not merely upon the sympathy, but also upon the protection of organized society. In some of the less polished nations, lunatics are regarded as under the especial protection of heaven, which has seen fit to deprive them of the powers of protecting themselves, and they are regarded for that reason with veneration. The common law lawyers, for a time, resisted the appeal for protection as to their estates, upon the ground that no man ought to be permitted to stultify himself. But that notion has been long exploded in England, and was never adopted here. By the 17th Edw. 2, cap. 10, it is enacted, that the king shall
This introduces the question which presents itself to the court jn the present case; that is, can any creditor of a person whd becomes lunatic, and is so found by • inquisition, obtain a lien upon the estate, and a preference over other creditors, by a judgment obtained after inquisition found ?
The court below was of opinion, that after the committee of the lunatic was appointed, the estate was in the custody of the law, and that although the creditor might obtain a judgment, the remedy by common law process to execute it did not exist; and that the creditor must go into equity, where, the judgment would not be enforced, except upon terms of equality, or a pro rata distribution among all the creditors. The court refers to the opinion of Judge King, the learned and able president of the Court of Common Pleas in Philadelphia county, in the matter of Eckstein’s, 2 Pa. Law J. 137, which is adopted as illustrating their opinion. That learned judge takes a comprehensive view of the subject, under the chancery decisions in England and the state of New York, and ' very satisfactorily comes to the conclusion that from these analogies the creditor obtains no preference, and that the court, the proceedings being on the equity side, would enjoin the plaintiff from proceeding at law.
In the case on hand, the question arose on the report of auditors to whom the account of the committee was referred, and exceptions filed to that report, which gave a preference to judgments obtained after inquisition found. But if the principle, that judgments so obtained acquire no preference, is established, there will arise no difficulty in carrying it out in those cases where equity powers, according to chancery forms, are not granted to the Common Pleas by statute. The court may .always set aside an execution on such judgment, and compel the plaintiff to seek his remedy in the mode which I
We must bear in mind, that the legislature had in view the constitutional grant of powers to the Courts of Common Pleas on this subject, that it was intended not to cripple the court in its exercise, but on the contrary, for the purpose of enabling it to accomplish the objects of the power: and that being beneficent and remedial, it ought to be liberally construed.
The law directs the court, upon the return of the inquisition and its approval, to commit the custody and care of the person and estate of the lunatic to a committee, who shall give security for the faithful performance of the trust, and duly to account for all property and funds that may come into their hands.
The committee is bound, within forty days after appointment, to file in court a just and true inventory of all the personal, with a description of the real estate. The committee shall manage the real estate of lunatic as well as the personal, and apply so much of the income as may be necessary to the payment of his just debts, and the maintenance of himself and family. And if the income shall not be sufficient for that purpose, then to apply so much of the principal of the personal estate to that purpose, as may be necessary, under the direction of the court; and if that shall be insufficient,' then to sell, under the direction of the court, the real estate, or so much as may be necessary. The order of sale must be preceded by a statement from the committee, of all the debts due by the lunatic, so far as the same can be ascertained. And an order for selling not only the real estate in the county, but situate any where in the state, is provided. After sale by the committee and approval by the court, the committee are enjoined to make a deed to the purchaser, which shall be effectual to convey all right, title, or interest of the lunatic. The sale is thus invested with the peculiar characteristics of a judicial sale, and vests the property in the purchaser, discharged from the lien of judgments obtained before inquisition found, and whilst the lunatic was yet sane. Here are
It remains to be considered whether the. creditor who obtains a judgment after inquisition found, receives thereby any right to priority of payment over other creditors, or whether all debts must not be paid according to their character at the time of the finding of the inquisition, giving to judgments or mortgages obtained during sanity, a preference according to their dates. The act directs that when any person shall be in confinement on process, he shall be discharged, if upon the examination directed by the act, it is found that he is of unsound mind; and the court are required to appoint two suitable persons as assignees, who shall take
It is tbe judgment of this court, that tbe decree of tbe court below be affirmed.