Fitler v. La Breure

Supreme Court of Pennsylvania

Fitler v. La Breure

1 Serg. & Rawle 363

DecidedJune 27, 1815

StatusPublished

This text of 1 Serg. & Rawle 363 (Fitler v. La Breure) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fitler v. La Breure, 1 Serg. & Rawle 363 (Pa. 1815).

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Opinion

By the Court.

There can be no doubt. The act has [365]*365■fixed the value of the freehold, which is to exempt a freeholder from arrest, viz. fifty pounds. If the mortgage had been in force, the question would have been, whether the freehold would be sufficient to satisfy the plaintiff’s demand, over and above the mortgage. But as the mortgage is satisfied, we have only to consider whether the defendant’s house is of the value of fifty pounds. It certainly is of that value and more. The defendant paid for it 6,600 dollars. The writ must therefore be abated.

Writ abated.

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By the Court.

There can be no doubt. The act has [365]*365■fixed the value of the freehold, which is to exempt a freeholder from arrest, viz. fifty pounds. If the mortgage had been in force, the question would have been, whether the freehold would be sufficient to satisfy the plaintiff’s demand, over and above the mortgage. But as the mortgage is satisfied, we have only to consider whether the defendant’s house is of the value of fifty pounds. It certainly is of that value and more. The defendant paid for it 6,600 dollars. The writ must therefore be abated.

Writ abated.

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Bluebook (online)

1 Serg. & Rawle 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitler-v-la-breure-pa-1815.