90 Pa. 173 | Pa. | 1879
delivered the opinion of the court,
We need not discuss the question whether the judgment of the appellant against Henry Andrews for. $687.02, is a purchase-money
That there is no equity in his claim is manifest. He has not paid for the property out of which he claims the exemption, and he seeks to get it from the parties to whom the purchase-money belongs, to wit, the minor children of Andrew Stewart, deceased, the intestate, whose property was sold and purchased by Andrews. There is no exemption as to purchase-money creditors, the proviso expressly excepting such debts from the operation of the enacting clause of the statute: Nottes’s Appeal, 9 Wright 361; Ulrich’s Appeal, 12 Id. 489. The appellee contends, however, that the appellant’s judgment was not for purchase-money. In this he is flatly contradicted by his own bond, which contains this clause: “The same being for purchase-money on house and lot of ground, southwest corner of West Orange and Mulberry streets, Lancaster, Pennsylvania.” While it may be that in a contest between lien-creditors, this statement in the bond might not amount to much,‘yet, as between the parties it is important. As to them, it is an agreement that the judgment shall have the force and effect of a purchase-money lien. We are of opinion that it amounts to an estoppel, and that the application of this principle meets the justice of the case.
The decree is reversed at the cost of the appellee; and it is now ordered and decreed that the said sum of $180 be distributed to the lien-creditors in the order of their priority.