Angell v. Johnson
Supreme Court of Iowa
Appeal from Winneshiek Circuit Court, Action to recover possession of an organ, which was claimed to -be exempt from execution. The defendant Johnson is a constable, and, by virtue of an execution in his hands, levied on the organ in question. There was. a trial by jury. Verdict and judgment for the plaintiff. The defendants appeal.
1Opinion of the Court
Seevers, J., rigia^estoppel- — There was evidence tending to show that the plaintiff, although present, and fully advised in the premises, at the time the levy was made, did not' claim the orga:a exempt from the levy. The constable testified that he made the levy because no claim of exemption was made. The defendants asked the court to instruct the jury that, “to entitle the judgment debtor to insist that property shall not be taken under execution, because the law exempts it, he must claim the exemption at the time of the levy. If he acquiesces, makes no claim, though present, neglects to…
2Cases cited2 opinions
- State ex rel. Haven v. MelogueIndiana Supreme Court · 1857
- Richards, Crumbaugh & Shaw v. HainesSupreme Court of Iowa · 1870
3Cited by5 opinions
- Grover v. YounieSupreme Court of Iowa · 1900
- Gunsel v. McDonnellSupreme Court of Iowa · 1885
- Moffitt v. AdamsSupreme Court of Iowa · 1882
- Ellsworth v. SavreSupreme Court of Iowa · 1885
- Hoffner v. Schaber (In re Hoffner)United States Bankruptcy Court, D. New Mexico · 1986