Miller v. Imhoff
Supreme Court of Pennsylvania
APPEAL EROM THE DECREE OE THE COURT OE COMMON PLEAS OE NORTHAMPTON COUNTY. No. 89 July Term 1887, Sup. Ct.; court below, Vend. Ex. No. 13 August Term 1886, C. P. On August 9, 1886, certain real estate of John Imhoff having been sold at sheriff’s sale under a venditioni exponas issued from a judgment against him in favor of Wm.
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APPEAL EROM THE DECREE OE THE COURT OE COMMON PLEAS OE NORTHAMPTON COUNTY. No. 89 July Term 1887, Sup. Ct.; court below, Vend. Ex. No. 13 August Term 1886, C. P. On August 9, 1886, certain real estate of John Imhoff having been sold at sheriff’s sale under a venditioni exponas issued from a judgment against him in favor of Wm. E. Miller, upon the petition of the latter, setting forth that he was a lien creditor and had purchased the property sold and that the defendant claimed out of the proceeds the sum of $285.15 on account of his right under the exemption law; that personal effects…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett :
The fund in court, part proceeds of appellant’s real estate sold on appellee’s execution, was claimed by the latter, whose right thereto was undisputed save by appellant, who claimed $285.15 thereof, as the residue payable to him under the exemption law, the benefit of which he had previously claimed when the fieri facias on appellee’s judgment was in the sheriff’s hands. Under the claim then made, the personal property levied on was appraised at $14.85 and set apart to appellant. With the view of making up the deficiency of $285.15, the appraisers went upon the…
2Cases cited4 opinions
- Strouse's v. BeckerSupreme Court of Pennsylvania · 1861
- Huey's AppealSupreme Court of Pennsylvania · 1857
- Emerson v. SmithSupreme Court of Pennsylvania · 1866
- Gilleland v. RhoadsSupreme Court of Pennsylvania · 1859
3Cited by8 opinions
- In re DuffyDistrict Court, M.D. Pennsylvania · 1902
- In re CoddingtonDistrict Court, M.D. Pennsylvania · 1904
- Assigned Estate of KreiderSupreme Court of Pennsylvania · 1890
- In re YostDistrict Court, M.D. Pennsylvania · 1902
- In re SchaferDistrict Court, E.D. Pennsylvania · 1907
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