Legal Opinion

Emerson v. Smith

Supreme Court of Pennsylvania

Decided January 8, 1866PublishedCited by 4 opinions

Error to the Court of Common Pleas of Indiana county. One Heim recovered against Emerson, the plaintiff, a judgment, on which a fieri facias was issued and put into the hands of Smith, the defendant, who was sheriff of Indiana county. Under this writ, the sheriff levied on a horse and saddle of Emerson, without seeing him or calling' on him for money or property.

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Error to the Court of Common Pleas of Indiana county. One Heim recovered against Emerson, the plaintiff, a judgment, on which a fieri facias was issued and put into the hands of Smith, the defendant, who was sheriff of Indiana county. Under this writ, the sheriff levied on a horse and saddle of Emerson, without seeing him or calling' on him for money or property. Emerson gave the sheriff notice that he claimed the property levied on under the Exemption Law, and requested the sheriff to have it appraised. The sheriff, being indemnified, disregarded the request, and sold the horse, for which…

1Opinion of the Court

The opinion of the court was delivered, by

Agnew, J.

This record presents but a single question, which is, whether a fraudulent concealment of other property liable to execution for the purpose of hindering and delaying the creditor by preventing a sale of the property levied on, is a bar to the debtor’s right to retain the property seized under the Exemption Law ? Taking the result of the authorities as our guide, we must give an affirmative answer : Huey’s Appeal, 5 Casey 219 ; Gilleland v. Rhoads, 10 Id. 190 ; Diffenderfer v. Fisher, 3 Grant 30 ; Stevens’s Ex’rs. v. Becker, 2 Wright 190;…

2Cases cited1 opinion

  1. Dieffenderfer v. FisherSupreme Court of Pennsylvania · 1814

3Cited by4 opinions

  1. Miller v. ImhoffSupreme Court of Pennsylvania · 1888
  2. Bixler v. KennedySuperior Court of Pennsylvania · 1916
  3. Cross Bros. v. Abrams, Pennsylvania Court of Common Pleas, Delaware County1933
  4. Robinson v. Stamper, Pennsylvania Court of Common Pleas, Philadelphia County1932

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