Stephens v. Hobbs

KEY, Associate Justice.

Opinion.—Appellant sued appellee, T. J. Hobbs, and the sureties on his bond as constable, for damages for seizing under execution and selling certain cotton seed claimed by appellant to be exempt from forced sale under the provision of the statute exempting to families “all provisions and forage on hand for home consumption.”

The court below charged the jury, in effect, that in order for the cotton seed to be exempt they must find from the evidence that they were necessary for home consumption; and this phase of the charge is complained of by appellant, and we think…