IN this case the sheriff had levied on a house and lot by virtue of a Fi. Fa.; and an inquest was held, which declared the rents of the estate sufficient to pay the debt in seven years: but in the return to the Fi. Fa. it was stated, that the defendant had only a life estate in the premises. 1 State Laws. p. 6. 49. 50.
On a motion made by S. Levy, to quash the inquest, the point submitted to the consideration of the Court, was, whether an inquest ought to have been held on a life estate, under the provision in the act of Assembly, that if real estate taken in execution was found sufficient to pay the debt in 7 years, it should not be sold?
After consideration, the President delivered the opinion of the Court, to the following effect.
SHIPPEN, President.
The question is whether an estate for life can be taken in execution and delivered to the plaintiff, upon return of an inquest, that the profits are sufficient for paying the debt in seven years? On a fair construction of the act of Assembly, we do not think the Legislature intended, that an estate for life should be delivered to the plaintiff, in satisfaction of his debt. The general interest, and of consequence, the septennial value, are so precarious, that they could not have been in contemplation, in making a positive provision, that the estate should be delivered until the plaintiff's debt is paid. Besides, if the Legislature had so intended, a provision would surely, have been added, to supply any deficiency, in case of a failure of the estate, before the discharge of the debt; as, in another case, the same act especially provides, that, if the valuation of the land delivered to the plaintiff to wards satisfaction of his debt shall fall short, he may have another execution against the defendant's body, lands, or goods, for the residue.
We are, therefore, of opinion, that an estate for life taken in execution, may be sold, without holding an inquest on its value: And, consequently, that the inquest, in the present case, must be quashed.