29 Pa. 362 | Pa. | 1857
The opinion of the court was delivered by
The Act of the 9th April, 1849, by which property to the value of $300, owned by or in possession of any debtor, shall be exempt from levy and sale on execution, or by distress for rent, was passed not only for the benefit of the debtor himself, but for his family. It should therefore receive a construction favourable to the benevolent object of its enactment.
Its benefits cannot be lost, except by the omission of the party entitled, to make his or her claim in due time, and in a proper manner, or by some act inconsistent with a bona fide claim ; or where, by provision of law, the claim cannot be allowed. A debtor cannot assign his right under this law to another. He cannot waive it in favour of a subsequent creditor, nor can he, where he has authorized real estate, purchased with his means, to pass by deed to his wife, with intent to defraud his creditors, put in his claim on a distribution of the proceeds of its sale. But in the case before us the debtor was not estopped by any of the considerations referred to. James Hill, the debtor, on the 2d of April, 1850, purchased of Robert Johnston a tract of land, on which he paid $100, and executed a mortgage on.the premises, to secure the remaining payment of $400. The mortgage was duly recorded, and was the oldest lien. Judgment was obtained, and a levari facias issued to March Term, 1857. On the 14th of February, 1857, the property was advertised for sale. On the 21st February, 1857, James Hill, the defendant, gave notice to the sheriff that he claimed the benefit of the $800 exemption law, and desired appraisers to be appointed, &c. On the 13th of March, 1857, the property was sold for $705.
Alexander Johnston obtained judgment against James Hill — ■ entered to December Term, 1854, No. 198, which, with interest and costs, amounted to $75.20. At the same term, though later, A. B. Davis, for the use of William Parker, obtained judgment
The decree of the court below is reversed, and it is ordered and decreed that the fund remaining in court, after paying the debt, interest, and costs on the mortgage, and the costs of auditor, to wit, eighty-eight dollars and forty-eight cents ($88.48), he paid to the appellant, and that appellees pay the costs on the appeal.