48 Pa. 315 | Pa. | 1865
The opinion of the court was delivered, by
— The auditor states the facts of the case so clearly, and applies the principles of law so correctly, that we have little more to do than to approve of the distribution made in his schedule A.
There being no waiver of exemption in the judgment upon which the'property was sold, the defendant had a right to claim $300 of the proceeds, and was properly admitted to contest the distribution, but not as against judgment-creditor No. 1; for that debt having been contracted before 4th July 1849, was entitled to be paid without regard to the debtor’s claim.
The other judgments, however, being all for debts after that date, were liable to be affected by his claim ; but having waived his right in respect to the second and fourth judgments, what was the effect of his now setting it up against the other creditors ? We considered this question in Shelly’s Appeal, 12 Casey 373, and we say here as we did there, that the effect of admitting the
It is enough to add that, agreeing with-the auditor’s reasonings in all points, we affirm the decree of the court.