Hallman v. Hallman
Supreme Court of Pennsylvania
ERROR TO THE COURT of COMMON PLEAS OF MONTGOMERY COUNTY. No. 161 July Term 1888, Sup. Ct.; court below, No. 100 December Term 1887, C. P. On June 2,1884, a judgment was entered in favor of Reuben T. Hallman against James T. Hallman for $600, subsequently marked to tlie use, inter alia, of Henry Freyer. On December 1,1887, a fieri facias was issued from the judgment and all the defendant’s property, real and personal, was levied npon.
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ERROR TO THE COURT of COMMON PLEAS OF MONTGOMERY COUNTY. No. 161 July Term 1888, Sup. Ct.; court below, No. 100 December Term 1887, C. P. On June 2,1884, a judgment was entered in favor of Reuben T. Hallman against James T. Hallman for $600, subsequently marked to tlie use, inter alia, of Henry Freyer. On December 1,1887, a fieri facias was issued from the judgment and all the defendant’s property, real and personal, was levied npon. The personal property was appraised at |6 and set aside to the debtor under the exemption law. On December 17th, a venditioni exponas issued, upon which the real…
1Opinion of the Court
*352Opinion,
Mr. Justice Mitchell :
The precise point involved in the present case is, whether a waiver of the debtor’s exemption under the act of 1849, in favor of a lien creditor whose claim is less than $300, enures to the benefit of junior creditors, so as to prevent the debtor from claiming the balance of the exemption after the satisfaction of the senior lien. A perusal of the cases amply justifies the remark of the learned judge below that the question is not free from difficulty.
In Bowyer’s App., 21 Pa. 210, it was decided that the exemption could not be assigned to or waived in favor of a…
2Cases cited7 opinions
- Thomas's AppealSupreme Court of Pennsylvania · 1871
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