Beegle v. Wentz
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bedford county. In the court below an action of ejectment was commenced September 1st 1864 by F. D. Beegle against Daniel Wentz and another for the recovery of 15 acres of land. The defendants, with their plea, filed an abstract of their title and a draft. Wentz was the owner of 58 acres of land, and on the 10th of April 1858 he executed a single bill to F. D. Beegle for $67.38, containing a waiver of the exemption laws.
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Error to the Court of Common Pleas of Bedford county. In the court below an action of ejectment was commenced September 1st 1864 by F. D. Beegle against Daniel Wentz and another for the recovery of 15 acres of land. The defendants, with their plea, filed an abstract of their title and a draft. Wentz was the owner of 58 acres of land, and on the 10th of April 1858 he executed a single bill to F. D. Beegle for $67.38, containing a waiver of the exemption laws. Beegle recovered judgment on this bill on the 6th of May 1858, on which he issued a fi. fa. to May Term 1859, and the tract of 58 acres…
1Opinion of the Court
The opinion of the court was delivered, November 21st 1867, by
Agnew, J.
— We must throw out of the case the waiver of the exemption laws contained in the note on which the judgment was entered. After the execution had issued, Wentz demanded the $300 provision, and the sheriff summoned appraisers, who were on the ground, ready to proceed. If Beegle considered the waiver contained in the note sufficient for his purpose he had nothing to do but to object to the appraisement, indemnify the sheriff, and proceed with the execution; or if the sheriff held the appraisement to apply to the court to set…
2Cases cited9 opinions
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