Lancaster Trust Co. v. Gouchenauer
Superior Court of Pennsylvania
Appeal, No. 17, Oct. T, 1897, by defendant, from decree of C. P. Lancaster Co., May T., 1895r No. 11, refusing exemption in execution on judgment. Rule to show cause why the sheriff should not pay to John E. Gouchenauer $300, which he claimed to be due him under the exemption act of April 9, 1849. Before Brubaker, J. It appears from the record that John E. Gouchenauer made an assignment for the benefit of creditors.
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Appeal, No. 17, Oct. T, 1897, by defendant, from decree of C. P. Lancaster Co., May T., 1895r No. 11, refusing exemption in execution on judgment. Rule to show cause why the sheriff should not pay to John E. Gouchenauer $300, which he claimed to be due him under the exemption act of April 9, 1849. Before Brubaker, J. It appears from the record that John E. Gouchenauer made an assignment for the benefit of creditors. At the time the assignee made his appraisement, Gouchenauer said to him that he wanted none of the personal property and he then made no claim to have any real estate appraised to…
1Opinion of the Court
Per Curiam,
The appellant’s contention is, that the real estate having passed out of the hands of the assignee into the control and • *211custody of the sheriff, and the sheriff having sold it, the position of the parties was as if no assignment had been made, and the failure of the defendant to claim the $300 exemption at the time of the appraisement of the assigned estate was not a factor in the case. It seems unnecessary to discuss this proposition; for, even if it were to be conceded, the defendant would be left in no better position. The fi. fa. issued on December 12,1895, and the land was…
2Cases cited1 opinion
- Moore v. McMorrowSuperior Court of Pennsylvania · 1897