Friend v. Garcelon
Supreme Judicial Court of Maine
On report. Bill in equity. Heard on bill and answer. The bill seeks to obtain the collection of an execution against Abram G. Garcelon, out of the properties in the name of his wife and son-in-law, paid for in whole, or in part, by the money of Garcelon, received by him as pension money from the United States.
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On report. Bill in equity. Heard on bill and answer. The bill seeks to obtain the collection of an execution against Abram G. Garcelon, out of the properties in the name of his wife and son-in-law, paid for in whole, or in part, by the money of Garcelon, received by him as pension money from the United States. The question arose whether Garcelon could or not give away, or dispose of such money, as he pleased, as against those who were his creditors prior to obtaining the pension money. It is alleged that a portion of the money went to pay an incumbrance on his wife’s real estate, and a…
1Opinion of the CourtPeters, C. J.
The section of the R. S., U.' S., (§ 4747) affecting the case is this : " No sum of money due or to become due to any pensioner, shall be liable to attachment, levy or seizure, by or under any legal or equitable process whatever, whether the same remains with the pension office or any officer or agent thereof, or is in course of transmission to the pensioner entitled thereto, but shall enure wholly to the benefit of such pensioner.”
The question is, whether this provision furnishes any protection to or exemption of the money after it comes into the pensioner’s hands ? A careful examination…
2Cases cited4 opinions
- Spelman v. AldrichMassachusetts Supreme Judicial Court · 1879
- Webb v. HoltSupreme Court of Iowa · 1882
- Cranz v. WhiteSupreme Court of Kansas · 1882
- Hayward v. ClarkSupreme Court of Vermont · 1878
3Cited by7 opinions
- Recor v. Commercial & Savings BankMichigan Supreme Court · 1905
- Rozelle v. RhodesSupreme Court of Pennsylvania · 1887
- Sohl v. Wainwright Trust Co.Indiana Court of Appeals · 1921
- Joyce v. RussellWisconsin Supreme Court · 1909
- Heflin v. AllemSupreme Court of Alabama · 1909
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