Wunderly v. Leopold

Citations

• 53 Pa. Super. 31
• 1913 Pa. Super. LEXIS 125

Syllabus

<p>Sheriff’s interpleader — Bond—Debtor’s exemption — Waiver—Execution.</p> <p>1. Where an automobile is taken in execution, and the defendant claims his exemption of $300, and the automobile is appraised at $260, and set aside to him, and thereafter another party claims the automobile, and in interpleader proceedings files a bond and takes the machine, but unsuccessfully maintains the interpleader suit, the defendant in the execution may maintain an action upon the inter-pleader bond to recover the sum of $260, the appraised value of the automobile; and the parties to the interpleader bond are not relieved from liability to the execution defendant, because they paid to the execution plaintiff the fund represented by the automobile. In such a case the parties liable on the bond should have paid the money into court to be distributed according to law, instead of paying it to the plaintiff in the execution.</p> <p>■ Execution — Debtor’s exemption — Waiver.</p> <p>A defendant in an execution who claims his exemption out of an automobile levied upon, will not be deemed to have waived his right, because of declarations made by him a year before the levy that his wife owned the machine, or because at the time of the appraisement his wife stated that the automobile belonged to her, but at the same time waived her right thereto.</p>