Hoerner ex rel. Cromer v. Cordell

Citations

• 10 Pa. Super. 314
• 1899 Pa. Super. LEXIS 279

Syllabus

<p>Execution — Liens with and without waiver of exemption — Effect of order of entry.</p> <p>Where a debtor has given or contracted several obligations, some with and some without waiver, he puts it in the power of the holders to determine, by the order in which the obligations are reduced to lien, whether he shall be deprived of his exemption in case the debtor’s property be insufficient to discharge all of the liens without leaving a balance for the exemption.</p> <p>Distribution — Debtor's exemption.</p> <p>A mortgage was the first lien on defendant’s property, two other judgments followed and the bond accompanying the mortgage was entered up and sale had on the judgment on the bond ; the lien of the mortgage having been postponed by the act of the mortgagee to that of the two intervening judgments. Held, that an application for debtor’s exemption must be dismissed and the proceeds of sale distributed to the lien creditors in the order of priority.</p>