Leavitt v. Metcalf
Supreme Court of Vermont
This was an action of trespass for taking and carrying away one brass time piece, and one tub of butter, made from the milk of the defendant’s only cow, containing 40 lbs. The defendant admitted the taking and carrying away, but justified under the levy of an execution. The only question raised at the trial was, whether the property was exempt from execution.
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This was an action of trespass for taking and carrying away one brass time piece, and one tub of butter, made from the milk of the defendant’s only cow, containing 40 lbs. The defendant admitted the taking and carrying away, but justified under the levy of an execution. The only question raised at the trial was, whether the property was exempt from execution. The court charged the jury, that if they found it was the only time piece the plaintifFbad in his house, and that the butter was ma'de from the milk of the last cow, the property was exempt from execution, and they might find for the…
1Opinion of the CourtTurnee., J.
delivered the opinion of tbe Court. — The statute passed in 1797,poge 208 — 9, sec. 1, authorizes the levying of executions upon the property, goods or chattels of the debtor; “ always excepting one cow, and such suitable apparel, bedding, tools, arras, and articles of household furniture, as may be necessary for upholding life.”
In November, 1818, the legislature further exempted from execution, “ after the 1st day of January, 1819, ten sheep, and one year’s product of said sheep, either of wool, yarn or cloth; the best swine, or the meat of said swine; and forage sufficient for the keeping…
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