Assigned Estate of Kreider

Citations

• 135 Pa. 578
• 19 A. 1073
• 1890 Pa. LEXIS 1223

Syllabus

<p>1. An assignor for the benefit of creditors, who fraudulently denies the ownership of property belonging to him and thus hinders the assignee in the discharge of his duties, will forfeit his right to receive out of the assigned estate “ so much property as would be exempt from levy and sale on execution,” reserved by him in the deed of assignment.</p> <p>2. When, under such a reservation, personal estate has been claimed, appraised, set apart and delivered to the assignor, in good faith and without notice of any fraud, the assignee would doubtless be protected, even though in fact the assignor had been guilty of fraud: Per Mr. Chief Justice Paxson.</p> <p>3. But, if the appraisers award the assignor his exemption out of the proceeds of real estate to be sold, and the assignee afterward pay over the money of his own motion and without an order of the court, he will be surcharged with it on proof that the assignor’s right to receive it had been forfeited by fraud.</p> <p>4. A finding by the appraisers that land, out of which such reservation is claimed, cannot be divided, and awarding the assignor $300 out of its proceeds when sold, does not seat the claim of exemption either upon the land or its proceeds, but merely enables the assignor to claim it upon distribution of such proceeds, if otherwise entitled to it.</p>