Legal Opinion

White v. Wilson

Missouri Court of Appeals

Decided April 26, 1904PublishedCited by 1 opinion

Appeal from Barry Circuit Court. — Ho». H. C. Pepper, Judge. (1) It is well-settled law of this State that a debtor’s claim of exemption should be made when the property is seized. Exemption is a personal privilege and can only be exercised when the officer calls with the writ or-makes a levy. Garrett v. Wagner, 125 Mo. 462; Weinrich v. Koelling, 21 Mo. App. 133; Lnick v. Trail, 84 Mo. App. 67; Drake on Attachment, sec. 2440'; Nieman v. Koch, 47 Mo.

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Appeal from Barry Circuit Court. — Ho». H. C. Pepper, Judge. (1) It is well-settled law of this State that a debtor’s claim of exemption should be made when the property is seized. Exemption is a personal privilege and can only be exercised when the officer calls with the writ or-makes a levy. Garrett v. Wagner, 125 Mo. 462; Weinrich v. Koelling, 21 Mo. App. 133; Lnick v. Trail, 84 Mo. App. 67; Drake on Attachment, sec. 2440'; Nieman v. Koch, 47 Mo. App. 272. (2) The privilege need not be exercised before the commencement of the sale. Fulkerson • v. Emmerson, 74 Mo. 609; Holliday v. Mausker,…

1Opinion of the CourtGoode, J.

(after stating the ’facts). — No.contention is made that the plaintiff was not the head of a family when the mare was levied on and the evidence conclusively shows she was. The mare was a work animal and exempt from execution. R. S. 1899, sec. 3159; Davis v. Williamson, 68 Mo. App. 307. Plaintiff claimed her exemption as soon as the levy was made and before sale; so the claim was timely. State ex rel. v. O’Neil, 78 Mo. App. 20.

The defense to the action is that the plaintiff is precluded by the judgment rendered in the case of Wilson against the administrator of her deceased husband and…

2Cases cited3 opinions

  1. State ex rel. Bellemere v. O'NeillMissouri Court of Appeals · 1899
  2. Davis v. WilliamsonMissouri Court of Appeals · 1897
  3. Megraw v. WoodsMissouri Court of Appeals · 1902

3Cited by1 opinion

  1. Fenske v. EpperlyMissouri Court of Appeals · 1927

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