Miller v. Klopp

Citations

• 141 Pa. 375
• 21 A. 601
• 1891 Pa. LEXIS 1076

Syllabus

<p>{a) A married woman, against whom a decree for the payment of money was entered, not as a personal debt but as a charge upon her land, applied for the stay of execution process issued to enforce the decree, upon the ground that the plaintiff therein had in his hands rents and profits of the land more than sufficient to pay the decree.</p> <p>(6) The court stayed the execution until the amount of the defendant’s claim could be judicially ascertained in an action therefor already pending. Having recovered a judgment in that action, she issued execution for its collection, refusing to credit the decree thereon and refusing a tender of the balance :</p> <p>1. Having had the benefit of a stay of proceedings, granted for the particular purpose of ascertaining the amount of the rents and profits, that they might be applied in payment of the decree, the married woman could not be permitted to repudiate her own proposal of such a mode of settlement, on the faith of which the stay was granted.</p>