Henry Baldwin

“ These sales are less expensive than when made on executions; more time is allowed to make them; the discretion of the court is exercised as to time, manner, and the terms of sale; whereas on sales by a sheriff, all is by compulsion and no credit is allowed; he cannot offer one entire piece of property for sale in parcels; the administrator can divide and sell as best subserves the interest of the heirs, and sell only so much as the emergency of the case requires. ”

“ If the jury believe from the evidence that the lessors of the plaintiff are the heirs-at-law of Pierre Grignon, or have shown a regular conveyance from the heirs-at-law to themselves of the premises in question, before the commencement of this suit; that then the defendants can claim no title under the sale of the premises in question, made by Paul Grignon, as administrator of the estate of Pierre Grignon, by virtue of the order made by the County Court of Brown county, made on the 10th day of January, 1826 ”

“ It does not record or recite the making of a representation by petition, or otherwise, alleging any indebtment of the said Pierre, nor any other ground for asking or granting the license on which the court had jurisdiction to act, as was necessary in point of law. It does not record or recite any certificate of the judge of probate, nor any notice to anybody, to show cause against the grant of the license, nor does it point out which, or how much, estate is to be sold, as was necessary in point of law. ”

“ The same law enacts, in section 3, 'that every representation made as aforesaid shall be accompanied by a certificate from the judge of probate.' The contents of which certificate are particularly prescribed. ”

“ In the Orphans' Court, and all courts who have power to sell the estates of intestates, their action operates on the estate, not on the heirs of the intestate, a purchaser claims not their title, but one paramount. 11 Serg. & R., (Pa.) , 426. The estate passes to him by operation of law. 11 Serg. & R., (Pa.) , 428. The sale is a proceeding in rem, to which all claiming under the intestate are parties, (11 Serg. & R., (Pa.) ”

“ James Porlier, chief justice, and John Lawe, Esq., associate justice, Paul Grignon, administrator of all and singular the goods and chattels, rights and credits, lands and tenements of Pierre Grignon, deceased, late of the county of Brown aforesaid, represents to this court, then and there in session, that the said Pierre died intestate, at Green Bay, in said county of Brown, on the fourth day of March, A. D., 1823 ”

“ And it has been ascertained by the petitioner, that the goods and chattels belonging to the estate of the said deceased are insufficient to pay all the just debts which he owed at the time of his death, but that his estate will be insolvent ”

“ Also, lot number five, on the same side of said river, bounded north by Augustin Grignon's claim, and south by land claimed and occupied by John Lawe, Esq., being four acres and sixteen feet wide, and extending back eighty acres. ”