Hart v. Hart
Supreme Court of Pennsylvania
Appeal, No. 508, Jan. T., 1894, by Alice Hart, from order of C. P. Berks Co., Nov. T., 1893, Nos. 16 and 17, in William Hart v. Eli Hart, allowing a debtor’s exemption. Exceptions to claim of exemption. From the record it appeared that execution was issued on November 3, 1893, and a return of nulla bona was indorsed on the writ. Alice Hart, the appellant, was a lien creditor of defendant.
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Appeal, No. 508, Jan. T., 1894, by Alice Hart, from order of C. P. Berks Co., Nov. T., 1893, Nos. 16 and 17, in William Hart v. Eli Hart, allowing a debtor’s exemption. Exceptions to claim of exemption. From the record it appeared that execution was issued on November 3, 1893, and a return of nulla bona was indorsed on the writ. Alice Hart, the appellant, was a lien creditor of defendant. On November 6, 1893, defendant’s real estate was levied upon, and on the same day the sheriff gave notice of inquisition to the defendant. The court below found as a fact that on November 11, 1893,…
1Opinion of the Court
Per Curiam,
This case was rightly decided in the court below. A claim for the benefit of the exemption law need not be in writing: Keller v. Bricker, 64 Pa. 379. It may be made within a reasonable time after the defendant has notice of the writ provided it does not delay the sale of the goods or the land levied on.
The judgment is affirmed.
2Cases cited1 opinion
- Keller v. BrickerSupreme Court of Pennsylvania · 1870
3Cited by2 opinions
- H. G. Beetem & Co. v. GetzSuperior Court of Pennsylvania · 1897
- Moore v. McMorrowSuperior Court of Pennsylvania · 1897