Harlan v. E. D. Haines & Co.

Citations

• 125 Pa. 48
• 17 A. 248
• 1889 Pa. LEXIS 691

Syllabus

<p>1. The $800 exemption act of April 9, 1849, P. L. 533, is not self-executing, but extends a privilege to the debtor which he may claim or waive, is operative only on his demand, and his exemption thereunder is protected by his own vigilance and not by the indulgence of his creditor.</p> <p>2. When a writ of execution attachment is served upon the debtor, a delay to mate his claim for the exemption until after the term to which the writ is returnable, is a waiver of the privilege, even though the money attached be not payable, if at all, for years after the writ is issued.</p> <p>3. The share of a judgment defendant in a trust fund subject to the life estate of his mother was attached, and the,writ served upon him; in such case, even though nothing was done by the plaintiff until the mother’s death thirteen years thereafter, it was then too late to demand the exemption.</p>