The York Legal Record Volume 17 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 Excerpt: ...1901, P. L. 405, it is provided that "An insolvent shall be entitled to the same exemption out of the assigned estate as he would be had an execution been issued against him; and his right thereto shall not be denied for or by reason of the character of any claim possessed, or by reason of any waiver in any contract or judgment, or by reason of failure to reserve it in the deed of assignment." A formal claim by assignor for the exemption is no longer required. The law reserves the assignor's light to the ex emption. Besidts, the testimony shows, that from the assignment to the audit, the assignor for creditors, frequently, from time to time, demanded his exemption from both the assignee and his counsel, and it was frequently promised that lgork Uegal IRecorfc. Vol. XVU. THURSDAY, DECEMBER 24, 1903. No. 30 his claim would be recognized and he should have the exemption. The first reason given is sufficient for the rejection of claimant's demand. The assignor had waived his rights in the judgment notes participating in the distribution of the personal estates, given before the assignment, at the time of their execution; Sheaffer's Appeal, 101 Pa. 45; Shimp's Assigned Estate, 197 Pa. 128. There is no exception made In the deed of assignment, by the claimant here, to $300 worth of the assignor's estate under the debtor's exemption law; under the Act of 1901, that is not necessary. But this act was not intended and can not be construed to have the effect of af fecting rights and invalidating contracts made prior to the passage of the act. This is forbidden by Section 17 of Article one of the Constitution of the Siate of Pennsylvania. "No ex-post facto laws nor any law impairing the obligation of contracts shall be passed." Hence an execution o...