Bentzel v. Goodwin

Citations

• 22 Ohio C.C. Dec. 244

Syllabus

<p>ASSIGNMENT FOR CREDITORS — HOMESTEAD-PRACTICE.</p> <p>1. Obdeb to Pat $500 in Lieu of Homestead out of Proceeds of Sale not Final Obdeb upon Which Suit on Assignee’s Bond mat be Brought.</p> <p>Where the assignor waives the right to select specific property, in lieu of a homestead under R. S. 5441 (Gen. Code 11738) and asks that the sum of $500 be allowed her out of the pro-deeds of the sale of such property and such sum is set off to her by the appraisers and the' action of the appraisers is approved by the court and said sum is ordered to be paid to the assignor out of the proceeds of sale. Held that such order of the court is not a final order upon which, in case the assignee fails to pay, an action could be brought against the assignee on his bond.</p> <p>2. Action on Bond Might lie upon Order of Distribution.</p> <p>If the order directing payment be made in' the court’s consideration of the question of distribution of the proceeds of sale of the property out of which such exemption could be paid, and all persons in interest were in court, a failure to comply with such order might sustain an action on the bond.</p> <p>3. Exceptions to Assignee’s Account Prerequisite to Suit on Bond for His Failure to Pat Exemption.</p> <p>The better and safer way to be followed, however, in case the assignee fails to pay such exemption claim, is, for the party claiming same to file exceptions to the assignee’s account and then if an order to pay be made and the assignee \\ fails to comply therewith, bring an action on his bond.</p> <p>[Syllabus by the court.]</p>