Pierce v. Boalick

Citations

• 42 Pa. Super. 218
• 1910 Pa. Super. LEXIS 318

Syllabus

<p>Execution — Debtors exemption — Dispute as to title — Fraud.</p> <p>1. Where the defendant in an execution seeks to have the inquisition set aside on the ground that she had a life estate only in the land levied upon, and the court decides that she has a fee, and it appears that the deed construed by the court was made before the debt for which the judgment was recovered was contracted, the plaintiff in the execution cannot resist a claim by the defendant for the debtor’s exemption, on the ground that the defendant in the former proceedings had attempted to conceal her property and defraud the plaintiff.</p> <p>2. Where the defendant in an execution claims the benefit of the debtor’s exemption, the burden is always on the plaintiff to show that the exemption ought not to be allowed.</p>