Schock v. Waidelich

Citations

• 27 Pa. Super. 215
• 1905 Pa. Super. LEXIS 38

Syllabus

<p>Execution — Exemption—Waiver—Landlord and tenant.</p> <p>An agreement in a lease that all personal property in the premises shall be liable to distress and may be distrained, and that the tenant waives all right “to the benefit of any laws now made, or hereafter to be made, exempting personal property from levy and sale for arrears and rent,” applies only to proceedings for the recovering of rent by distress, and does not apply generally to all debts for rent without regard to the process used in collecting the same.</p> <p>An indorsement on a fi. fa. made by the prothonotary at the instance of the plaintiff calling the sheriff’s attention to a waiver of exemption, will not relieve the sheriff if he seizes property to which the waiver does not apply; nor does a reference to a waiver in the judgment entered by a justice of the peace relieve the sheriff in such a case.</p>