Bennett v. Adkins

FOX, Judge:1

This ease from the Circuit Court of Cabell County, West Virginia, brings to this Court a controversy which began when the appellee, the Sheriff of Cabell County, seized a 1980 *376Dodge Aspen automobile belonging to the appellants, James and Alicia Bennett.

On 7 January 1994, the Sheriff seized the car under writ of execution issued on a default judgment entered against the Bennetts in favor of D.S. and A.V. Tomkies. On 7 January 1994, according to Mrs. Bennett, or on 10 January 1994, according to a deputy sheriff, the Bennetts exempted the car from the execution by filing an affidavit…