Hammer v. Freese
Supreme Court of Pennsylvania
Appeal from the decree of the Common Pleas of Northumberland county. Charles Freese, a storekeeper, having become indebted to Messrs. Hammer, executed a single bill in their favor, dated the 16th day of January, 1852, payable one day after date.
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Appeal from the decree of the Common Pleas of Northumberland county. Charles Freese, a storekeeper, having become indebted to Messrs. Hammer, executed a single bill in their favor, dated the 16th day of January, 1852, payable one day after date. It was entered in the Court of Common Pleas of Northumberland county, to January Term, 1852. A fieri facias was issued upon this judgment to April Term, 1852, by virtue of which the sheriff levied upon the merchandise in the store of Ereese. Ereese was present at the time of the levy, and made no objections to it. On the day of sale by the sheriff of…
1Opinion of the Court
The opinion of the Court was delivered, by
Black, C. J.
Freese’s personal property was levied on and sold. The proceeds amounted to $454.11. The defendant in the execution was present when the levy was made, but did not then claim that any of the goods were exempt by the Act of 1849. About the commencement of the sale, however, he demanded the benefit of the statute. The sheriff sold the property and paid the proceeds into Court, and the Court, on Freese’s petition, ordered $300 of the money to be paid to him.
*257We are of the opinion that a debtor cannot, under any circumstances, entitle himself,…
2Cited by11 opinions
- In re Prince & WalterDistrict Court, M.D. Pennsylvania · 1904
- In re DuffyDistrict Court, M.D. Pennsylvania · 1902
- Maschke, Receiver v. O'BrienSuperior Court of Pennsylvania · 1940
- In re HaskinDistrict Court, E.D. Pennsylvania · 1901
- In re Le VayDistrict Court, M.D. Pennsylvania · 1903
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