Supreme Court of Pennsylvania July 1, 1858 (Bowman v. Smiley)

The opinion of the court was delivered by

Strong, J.

The principal question presented by this record is, whether a sheriff, who has sold property under an execution founded upon a judgment in which the debtor has waived the benefits of the Exemption Act of April 9th 1849, is in fault for refusing an appraisement, and making the sale, after notice by the debtor that he claimed the benefits of the