Moore v. McMorrow

Citations

• 5 Pa. Super. 559
• 1897 Pa. Super. LEXIS 285

Syllabus

<p>Execution — Debtors—Exemption—Laches.</p> <p>A claim for the debtors’ exemption must not be unnecessarily delayed until costs have been incurred which otherwise might have been readily avoided.</p> <p>What is reasonable time within which the debtor must exercise this right depends upon the circumstances of each particular case.</p> <p>A claim is too late under the following circumstances: A transcript was filed in the common pleas and an execution issued to November term, 1895, which was returned nulla bona. An alias execution was issued on December 10, 1895, to February term, 1896, upon which an inquisition was held on March 12, of which defendant had personal notice on March 5. A vend. ex. issued April 13, 1896, after which date, — but whether before or after the land was advertised for sale does not appear —the defendant gave the sheriff notice that she claimed the benefit of the $300 exemption law and demanded an appraisement.</p>