In re Assignment of Kraus

Citations

• 79 Ohio St. (N.S.) 314

Syllabus

<p>Exemption in lieu of homestead — Assignor foregoes selection of property — Right to exemption not abandoned, when — May be enforced against proceeds of sale.</p> <p>Where an assignor for the benefit of creditors is induced to and does, forego the selection of specific articles of personal property under his claim for exemption in lieu of.a homestead, because of representations made to him by the assignee that he would have to wait until the property was sold and an order of court obtained, and that he would then be paid his exemption, actual selection, under such circumstances, is waived or excused, and the want of it cannot be held to be an abandonment or forfeiture of the assignor’s right to claim and have his exemption out of the proceeds of sale of the assigned property, upon formal demand made therefor before distribution.</p>