Meitzler's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Lehigh county: Of January Term 1873. No. 261. In the distribution of the proceeds of the sheriff’s sale of the real estate of William Meitzler, under an execution in which Trexler & Meitzler were plaintiffs. The distribution was referred to John Rupp, Esquire, as auditor.
Read the full summary
Appeal from the Court of Common Pleas of Lehigh county: Of January Term 1873. No. 261. In the distribution of the proceeds of the sheriff’s sale of the real estate of William Meitzler, under an execution in which Trexler & Meitzler were plaintiffs. The distribution was referred to John Rupp, Esquire, as auditor. He reported that the fi. fa. was returnable to April Term 1872. On the 5th of April the land was condemned; on the 10th of April the vend. ex. was issued and the property was advertised for sale; on the 25th of April the defendant made a written claim on the sheriff for the benefit of…
1Opinion of the Court
The opinion of the court was delivered, May 17th 1873, by
Agnew, J.
It has been held repeatedly by this court that the wife, or a member of the family, of the defendant in an execution who is absent from home at the time of a levy on his property, may claim his exemption for him: Waugh v. Bucket et al., 3 Grant 319; Wilson v. Mellroy, 8 Casey 82 ; McCarthy’s Appeal, 18 P. F. Smith 217. The reason of this is said to be a presumption of agency in such case for the debtor, who is absent, and incapable of protecting his interest, until it might be too late, and interfere with the execution of the…
2Cases cited1 opinion
- Waugh v. BurketSupreme Court of Pennsylvania · 1861
3Cited by2 opinions
- First International Bank v. LeeNorth Dakota Supreme Court · 1913
- Mennell v. WellsMontana Supreme Court · 1915