Pennsylvania Co. for Insurance on Lives & Granting Annuities v. Bruner
Superior Court of Pennsylvania
Appeal, No. 180, Oct. T., 1909, by plaintiff, from order of C. P. No. 2, Phila. Co., June T,, 1875, No. 1,030, making absolute rule for allowance of debtor’s exemption in case of The Pennsylvania Company for Insurance on Lives and Granting Annuities, Trustee under the Will of William H. Gregg, deceased, v. Henry Naglee Bruner et al., Heirs at Law of Henry Naglee Bruner, deceased. Assumpsit upon an appeal bond.
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Appeal, No. 180, Oct. T., 1909, by plaintiff, from order of C. P. No. 2, Phila. Co., June T,, 1875, No. 1,030, making absolute rule for allowance of debtor’s exemption in case of The Pennsylvania Company for Insurance on Lives and Granting Annuities, Trustee under the Will of William H. Gregg, deceased, v. Henry Naglee Bruner et al., Heirs at Law of Henry Naglee Bruner, deceased. Assumpsit upon an appeal bond. Rule for debtor’s exemption out of a fund raised by a sale under a judgment on an appeal bond. The opinion of the Superior Court states the case. Error assigned was in making absolute…
1Opinion of the Court
Opinion by
Beaver, J.,
The original suit, from the judgment in which an appeal was taken, and the recognizance upon which the present suit is founded was given, was a sci. fa. sur mortgage. Upon an appeal to the Supreme Court a recognizance was given, upon which the defendants in this case, or those whom they legally represent, were the- sureties. A judgment upon the Recognizance was duly obtained against the defendants and, upon an *360execution thereon, an application was made to the court below for the benefit of the Act of April 9, 1849, P. L. 533, claiming the exemption of $300 for each of the…
2Cases cited3 opinions
- Peebles's EstateSupreme Court of Pennsylvania · 1893
- Gangwere's AppealSupreme Court of Pennsylvania · 1860
- McAuley's AppealSupreme Court of Pennsylvania · 1860