Thomas's Appeal
Supreme Court of Pennsylvania
Appeal-from the decree of the Court of Common Pleas of Cumberland county: Of May Term 1871, No. 104. In matter of the appraisement, under the exemption laws, of the goods of B. F. Thomas. On the 9th of March 1866, A. D. Meals entered a judgment for $200 on bond with warrant of attorney against B. P. Thomas. The bond was dated September 25th 1865, and contained no waiver of exemption.
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Appeal-from the decree of the Court of Common Pleas of Cumberland county: Of May Term 1871, No. 104. In matter of the appraisement, under the exemption laws, of the goods of B. F. Thomas. On the 9th of March 1866, A. D. Meals entered a judgment for $200 on bond with warrant of attorney against B. P. Thomas. The bond was dated September 25th 1865, and contained no waiver of exemption. On the 2d of October 1866, Alfred Harmar entered a judgment against Thomas for $200, on bond with warrant of attorney dated September 27th 1866. This bond contained a waiver of the benefit of the exemption law.…
1Opinion of the Court
Tbe opinion of tbe court was delivered, May 18th 1871, by
Agnew, J.
We cannot agree with the learned judge of tbe Common Pleas that every time a debtor waives bis exemption of $300 secured to him by tbe Act of 1849, and judgment happens to be entered upon tbe bond or note containing the waiver, it disables him from claiming bis exemption against all execution-creditors who levy on bis goods. A waiver of the- exemption in favor of one creditor is not ipso facto a fraud on others; especially where tbe waiver is contained in tbe instrument itself creating tbe contract obligation of the debtor. A…
2Cases cited1 opinion
- Manufacturers' & Mechanics' Bank v. Bank of PennsylvaniaSupreme Court of Pennsylvania · 1844
3Cited by9 opinions
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- In Re Distribution of Proceeds From Sheriff's Sale of Premises 250 Bell Road, Lower Merion TownshipSupreme Court of Pennsylvania · 1978
- Pusey & Jones v. Pennsylvania Paper MillsU.S. Circuit Court for the District of Middle Pennsylvania · 1909
- Appeal of MillerSupreme Court of Pennsylvania · 1888
- Hallman v. HallmanSupreme Court of Pennsylvania · 1889
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