Bowyer's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Common Pleas of Lancaster county. This was a.n appeal by J. C. Bowyer, a judgment-creditor and transferee of Jacob Miller, from the decree of the Court, directing distribution of the net proceeds of the sheriff’s sale of real estate of said Miller. The property consisted of two lots of ground in Columbia, on which were erected certain buildings.
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Appeal from the decree of the Common Pleas of Lancaster county. This was a.n appeal by J. C. Bowyer, a judgment-creditor and transferee of Jacob Miller, from the decree of the Court, directing distribution of the net proceeds of the sheriff’s sale of real estate of said Miller. The property consisted of two lots of ground in Columbia, on which were erected certain buildings. There were certain mechanics’ liens, which were allowed by the auditor, which left but about $196.31 for further distribution. Next in order to the said liens appeared to be a judgment of Ery & Co., for $157.74. Next…
1Opinion of the Court
The opinion of the Court was delivered, by
Black, C. J.
— When a debtor desires to avail himself of the act of 9th April, 1849, by retaining $300 worth of his real estate as exempt from levy, he must elect to do so and request an ap*213praisement before inquisition. This has already been decided several times within the last year.
In cases where no inquisition is required by law (as for instance when the execution is on a mechanic’s lien), the request for an appraisement must be made before the plaintiff has incurred the expense of advertising. Nor can it be allowed if the appraisement will…
2Cited by5 opinions
- Appeal of MillerSupreme Court of Pennsylvania · 1888
- In re SloanDistrict Court, E.D. Pennsylvania · 1905
- Hallman v. HallmanSupreme Court of Pennsylvania · 1889
- In re PfeifferDistrict Court, W.D. Pennsylvania · 1907
- Hoerner ex rel. Cromer v. CordellSuperior Court of Pennsylvania · 1899