Ellsworth v. Savre
Supreme Court of Iowa
Appeal from, Worth District Court. The plaintiff is the head of a family, and he claims in this action that in February, 1884, he was by occupation a farmer, and that the defendant, who is sheriff of Worth county, levied an attachment and an execution upon a horse, a wagon and harness, the property of the plaintiff, and which were exempt from execution. He brought this action in the form of an action of replevin.
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Appeal from, Worth District Court. The plaintiff is the head of a family, and he claims in this action that in February, 1884, he was by occupation a farmer, and that the defendant, who is sheriff of Worth county, levied an attachment and an execution upon a horse, a wagon and harness, the property of the plaintiff, and which were exempt from execution. He brought this action in the form of an action of replevin. The property was not delivered to the plaintiff, but was sold at sheriff’s sale by the defendant. The defendant denied that the plaintiff was a farmer, and claimed that the property…
1Opinion of the CourtRothrook, J.
There was some controversy at the trial npon the question as to whether the plaintiff was a farmer. The court must have been of the opinion that the evidence did not show that to be his .occupation, because none of the property but the horse was held to be exempt. Under section 3072 of the Code, the head of a family is entitled to hold one horse as exempt, without regard to his occupation.
The only question in the case is, did the plaintiff, by his acts at and after the property was seized, waive his right to hold the horse exempt from seizure upon the writs? It appears that immediately after…
2Cases cited2 opinions
- Angell v. JohnsonSupreme Court of Iowa · 1879
- Moffitt v. AdamsSupreme Court of Iowa · 1882