Austin v. Swank

Perkins, J- —

Swank sued Austin and Collins, to recover the value of certain property taken and sold by the latter. They answered that the goods were taken and sold by virtue of an execution in favor of Austin against Swcmk, the sale being by Collins as constable.

Swank replied that a previous execution had issued upon the same judgment and from the same justice; that it had been levied upon the same property, and that he had claimed it as exempt from execution, whereupon it had been appraised and set off to him according to the statute relative to householders, &c., as so exempt; that the…