Hoerner ex rel. Cromer v. Cordell
Superior Court of Pennsylvania
Appeal, No. 15, March T., 1899, by defendant, from order of C. P. Franklin Co., Dec. T., 1896, No. 51, making absolute rule to show cause why defendant’s claim to exemption should not be dismissed. Opinion by W. W. Porter, J. Beaver and Orlady, JJ., dissent. Rule to dismiss claim for debtor’s exemption.
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Appeal, No. 15, March T., 1899, by defendant, from order of C. P. Franklin Co., Dec. T., 1896, No. 51, making absolute rule to show cause why defendant’s claim to exemption should not be dismissed. Opinion by W. W. Porter, J. Beaver and Orlady, JJ., dissent. Rule to dismiss claim for debtor’s exemption. Before Stewart, P. J, It appears from the record that appellant was the owner of a small tract of land in Peters township, Franklin county, upon which were entered the following liens: (1) mortgage of W. S. Hoerner, use of G. W. Cromer, $108.75; (2) judgment of J. H. Devor, use of G. W.…
1Opinion of the Court
Opinion by
William W. Pobteb, J.,
Had the sequence of liens originally been the two judgments, without waiver, and the bond and mortgage, with waiver, a sale on either the bond or the mortgage would have resulted in the debtor losing his exemption to the extent of his mortgage indebtedness: Hallman v. Hallman, 124 Pa. 347. By the postponement of the lien of that debt he loses it all if the court below be affirmed.
Where the debtor has given or contracted several obligations some with and some without waiver, he puts it in the power of the holders to determine, by the order in which the…
2Cases cited3 opinions
- Hallman v. HallmanSupreme Court of Pennsylvania · 1889
- Bowyer's AppealSupreme Court of Pennsylvania · 1853
- Miller v. GetzSupreme Court of Pennsylvania · 1890