McAfoose's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Armstrong county. This was an appeal by Jacob McAfoose, Jr., and 0. & H. J. Arnold, from the decree of tbe court below, distributing tbe proceeds of the real estate of tbe said Jacob McAfoose, Jr. On tbe 21st August 1856, Sarab Kenly obtained a judgment against Jacob McAfoose, Jr., for $71.50 and costs; on this judgment a fi. fa. was issued and levied on tbe defendants’ real estate; tbe defendant, thereupon, claimed tbe benefit of tbe…
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Appeal from the Common Pleas of Armstrong county. This was an appeal by Jacob McAfoose, Jr., and 0. & H. J. Arnold, from the decree of tbe court below, distributing tbe proceeds of the real estate of tbe said Jacob McAfoose, Jr. On tbe 21st August 1856, Sarab Kenly obtained a judgment against Jacob McAfoose, Jr., for $71.50 and costs; on this judgment a fi. fa. was issued and levied on tbe defendants’ real estate; tbe defendant, thereupon, claimed tbe benefit of tbe exemption law of 9th April 1849, and appraisers having been summoned, tbe defendant’s interest in tbe land was valued at…
1Opinion of the Court
The judgment of tbe court was delivered by
Strong, J. —
Tbe first question in this case is whether, as against Sarah Kenly, the creditor, under whose execution tbe property was sold, McAfoose, the debtor, is entitled to take out of court three hundred dollars, in pursuance of the Act of April 9th 1849.' Tbe right of a debtor to tbe exemption of his property from levy and sale, or, in case of land, bis right to demand any portion of the proceeds of sale, as against lien-creditors, exists only sub modo. To entitle himself to it, be must demand of the officer charged with tbe execution of any…
2Cited by2 opinions
- Appeal of MillerSupreme Court of Pennsylvania · 1888
- Harris v. ShusterSuperior Court of Pennsylvania · 1897