West Virginia freeman. (Parkersburg, W. Va.) 1881-1886, 1886-01-27
JUDGE OF THE CIRCUIT COURT OF WOOD COUNTY,
SHAFFER & JENKINS,
VS..
HENRY FELDNER, EMMA FIELD
NER, AND OTHERS.
In Equity.

In THE CIRCUIT COURT WooD COUNTY, WEST VuReIN1A
The companans judgment creditors of Henry Field
While the Judgment remained wholly unsatised Henry
Fedner awarded pension by the United States
Government He received pension check for considerable
amount of back pension endorsed the check his wife,
Emma Feldner and she purchased Herewith Of
land which duly conveyed to her The compainants
filed their bill subject the land the payment of that
judgment, alleging that the land purchased with the
judgment debtors and the conveyance procured
to be made to the wife with intent hinder delay
fraud creditors.
The defence that the money exempt from seizure
under legal by virtue of section 447 of the
vised statutes of the United States and that the in
which the money was invested was likewise exempt.
Opinion rendered by Hon j. M. jackson, Judge of said
Court December 9Th, 1888.
1.-THE act of Congress under which the exemption claimed
by the defendants in this is follows "No of
money due to become due any pensoner shall be liable
to attachment, levy seizure by under any legal
equitable whatever whether the remains with
the pension office officer agent thereof in
of transmission to the pensioner entitled thereto but shall
inure whoLy to the benefit of such pensioner"
The true construction of this act to be that the
bounty of the Government should nure wholly the benefit
the pensone and be seized by creditor of his
under legal equitable process not only while 1t is IN tran
sit him but all times and under all circumstances, while
it remains the Identical money fund which is given him
by the Government.
concur in the opinion of the Court the Foschow
Werner 81 Wisconsin 49, where the money had been paid
the pensonr ard by him deposited his credit in bank
The court says The subject matter the statute pension
money and its purpose and object protect the pensoner
in the personal enjoyment of the bounty of the Government
words due to become DUE in thetaute doubtless
employed to render it certain that the benefit of the
statutory exemption intended tor pensioners to whom
pensions had already been granted well for those to
whom pensions should be granted after the statute enact
The plain meaning of the statute is that the specific
money received by the penoner from the Government in
payment of pension granted him. cannot be reached
creditor and applied to the payment of the debt of the
pensioner by any judicial process.
do not doubt that if the pensoner otter receiving his
pension money should it in business buying property
and taking title to real personal estate to himself in such
way as to confuse this money with his other property, 1t
theeoy would lose Its identity as pension money ana hence
could then be held exempt from the payment of his debts
But IN this case the money which was exempt under the
act OF Congress from seizure by the creditor not used by
the pensione it at its receipt given by him to
his wife with which to purchase the parcel of land in ques
ton This could not be fraud upon his creditors charged
in the bill.
1t the fund exempt by law in such way
continue it exempt.
The creditors rights and remedies were all impaired
by the fact that this money given to the wife, by her
of it in buying home for herself and family and
to would be violation of the spirit if not the letter of
the statute hold this property liable to the payment of the
husbands debts when the money used in its purchase
not so liable.
cannot how it would be fraud upon the rights of
creditors to appropriate it, by the penoner He would
only be using fund which bad never at any time been
subject to the payment his debts By the act of Congress
entirely and expressly withdrawn from the reach of
creditors and dedicated to- and should "nure wholly to
the benefit of such pensione the maintenance and support
creditors to take money property which is should be
liable to the payment of their debts and to convert it
satisfaction out it, for his claim But when the property
is not SO liable, the money is expressly exempt
from the payment of the debt there certainly can be
no fraud upon the creditor using it, No right has been
taken away that he had but he remains exactly as he was
IN the first place. And long the identity of the property
or money be established long my opinion is the
creditor withheld from interference with it by legal or
debt
entitled to the relief prayed for in the BILL and that the same
should be dismissed with COSTS"