Johnston & Sutton's Appeal
Supreme Court of Pennsylvania
... Tnis was an appeal by Johnston and Sutton from a decree of 'the Court of Common Pleas of Lawrence county, in the distribution of the proceeds of the real estate of Alphonso Keys. Keys owned certain real estate encumbered by divers judgments, all of which were obtained subsequent to the Act of 9th April, 1849 — ■ the Exemption Act. On the 23d April, 1852, defendant gave to Johnston and Sutton a judgment for $25, waiving the right of exemption in favour of plaintiffs.
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... Tnis was an appeal by Johnston and Sutton from a decree of 'the Court of Common Pleas of Lawrence county, in the distribution of the proceeds of the real estate of Alphonso Keys. Keys owned certain real estate encumbered by divers judgments, all of which were obtained subsequent to the Act of 9th April, 1849 — ■ the Exemption Act. On the 23d April, 1852, defendant gave to Johnston and Sutton a judgment for $25, waiving the right of exemption in favour of plaintiffs. Execution issued to No. 5, July Term, 1852. On the 17th May, 1852, Keys, the defendant, gave notice to the sheriff that he…
1Opinion of the Court
The opinion of the Court was delivered by
Lewis, C. J.
In this case the benefit of the exemption law was claimed in due time — the appraisers returned that the land could not be divided without prejudice to or spoiling the whole, so that the sale took place and the proceeds amounted to $131. As that sum is less than $300, the sum allowed to the debtor under the exemption law, it follows that the whole of it must be paid to him, under the provisions of that law, unless some of the creditors can show a better claim to it. Those whose demands originated subsequent to the 4th July, 1849, and who…
2Cited by2 opinions
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