Smith v. Wood

Action by the appellant against the appellees, one of whom was sheriff, for the wrongful sale on execution of the appellant’s property in disregard of his claim to have the same exempted from sale.

The appellee makes the objection that it is not averred in the complaint nor shown in the evidence that the plaintiff was a resident householder at the time when his claim for exemption was disregarded. There is no direct averment nor direct evidence on the point. In the inventory or schedule which the appellant presented to the sheriff, and which is copied into the complaint and was put in…