Hoerner ex rel. Cromer v. Cordell
Hoerner ex rel. Cromer v. Cordell
Opinion of the Court
Opinion by
Had the sequence of liens originally been the two judgments, without waiver, and the bond and mortgage, with waiver, a sale on either the bond or the mortgage would have resulted in the debtor losing his exemption to the extent of his mortgage indebtedness: Hallman v. Hallman, 124 Pa. 347. By the postponement of the lien of that debt he loses it all if the court below be affirmed.
Where the debtor has given or contracted several obligations some with and some without waiver, he puts it in the power of the holders to determine, by the order in which the obligations are reduced to lien, whether he shall be deprived of his exemption, in case the debtor’s property be insufficient to discharge all of the liens without leaving a balance for the exemption: Hall-man v. Hallman, supra. The contention here, however, is that the judgment on the bond entered after the two other judg
The mere obtaining of the liens in either case does not thereby deprived the creditor of the right to control them, and to change if he will the order of their enforcement if it be to his advantage. No additional rights accrue to the debtor and none are lost to the creditor by the fixing of the order of the liens in the first instance.
It is not alleged that it was agreed that the mortgagee should not postpone his lien, but the claim is that he was estopped from postponing because his act deprives the defendant of his exemption. The injury to the debtor thus resulting is due to the form and character of the obligations given or contracted. By his own act he put it in the power of his creditors to deprive him of his exemption. The creditors had the right to deal with
We need not discuss the matter of the form in which the claim for exemption was made.
The judgment is affirmed.
Beaver and Orlady, JJ., dissent.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.