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· 12/13/1897

Lancaster Trust Co. v. Gouchenauer

Citations

  • 6 Pa. Super. 209
  • 1897 Pa. Super. LEXIS 339

Syllabus

<p>Execution — Debtor's exemption — Laches.</p> <p>The claim for the debtor’s exemption must not be unnecessarily delayed until costs have been incurred which otherwise readily might have been' avoided. Moore v. McMorrow, 5 Pa. Superior Ct. 559, followed.</p> <p>A claim on the proceeds of land sold under a vend, ex., made after the-sheriff’s sale, is too late when the land had been levied on and condemned! under the fi. fa. the year previous and when the sale took place two years-after an assignment for the benefit of creditors, the assignor in the mearntime having taken no steps to have his exemption set aside out of the real; estate by the assignee.</p>

Judges: Beaver, Orlady, Porter, Reeder, Rice, Smith, Wickham

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