Gangwere's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Berks county. This was an appeal by Ephraim Gangwere, from the decree of the court below, distributing the proceeds of a sheriff’s sale of his real estate, in disregard of his claim for the benefit of the exemption law. On the 15th March 1858, Ephraim Gangwere, being the owner of the real estate from the sale of which the fund in court was produced, mortgaged the same to Rosenheim k Brooks for $510.29; and on the 11th.
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Appeal from the Common Pleas of Berks county. This was an appeal by Ephraim Gangwere, from the decree of the court below, distributing the proceeds of a sheriff’s sale of his real estate, in disregard of his claim for the benefit of the exemption law. On the 15th March 1858, Ephraim Gangwere, being the owner of the real estate from the sale of which the fund in court was produced, mortgaged the same to Rosenheim k Brooks for $510.29; and on the 11th. September 1858, he executed another mortgage on the premises to Bernheim & Cook, for $750. On the 8th October 1859, the premises were sold by…
1Opinion of the Court
*469The opinion of the court was delivered by
Woodward, J.
The exemption law of 1849 is, by its own terms, inapplicable to mortgages given for purchase-money of land, and after several judicial intimations that it was not to be applied to any mortgage-debt however it arose, we declared in McAuley’s Appeal, 11 Casey 209, that such was the proper interpretation of the statute. The proceeding in that case was upon the bond accompanying the mortgage, and it was not, .1 believe, a mortgage for purchase-money. The point ruled was, that the debt, because secured by mortgage, was not within the purview of…
2Cited by6 opinions
- Peebles's EstateSupreme Court of Pennsylvania · 1893
- Beneficial Consumer Discount Co. v. HamlinSuperior Court of Pennsylvania · 1979
- Keim v. BrumbaughSuperior Court of Pennsylvania · 1905
- Pennsylvania Co. for Insurance on Lives & Granting Annuities v. BrunerSuperior Court of Pennsylvania · 1909
- Dollar Savings & Loan Ass'n v. Sigler, Pennsylvania Court of Common Pleas, Lawrence County1976
1 more not listed; retrieve them via the Exa API.