Pennsylvania Co. for Insurance on Lives & Granting Annuities v. Bruner

Citations

• 41 Pa. Super. 358
• 1909 Pa. Super. LEXIS 67

Syllabus

<p>Exemption — Debtor’s exemption — Appeal bond — Mortgage—Act of April 9, 1849, P. L. 533.</p> <p>1. An appeal bond is subsidiary to the judgment appealed from, and the question whether or not the exemption allowed by the Act of April 9,1849, sec. 1, P. L. 533, can be claimed on an execution upon the judgment in an action upon the bond is to be decided with regard to the nature of the original action.</p> <p>2. If the original action sounded in tort and the defendant was not entitled to his exemption therein, then he and his surety cannot claim the exemption in an action on the appeal bond; whereas if the original action sounded in contract and the defendant would have been entitled to claim the exemption therein, that right still remains in an action on the appeal bond, unless such right has been lost through fraud, deception or other reasons recognized as sufficient in law, and even then the right of the surety would not be affected, unless he were a party to the fault.</p> <p>3. Where the original suit is upon a mortgage the surety upon the appeal bond is not entitled to the debtor's exemption.</p>