Watson v. Simpson
Supreme Court of Alabama
ERROR to the Circuit Court of St. Glair. This was a trial of the right of property. Prom the testimony it appeared that a writ offieri facias against the defendant in execution was issued, and came to the sheriff’s hands, whilst the defendant in execution was the owner of the mare, which was subsequently levied on, but that before such levy he married and became the head of a family.
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ERROR to the Circuit Court of St. Glair. This was a trial of the right of property. Prom the testimony it appeared that a writ offieri facias against the defendant in execution was issued, and came to the sheriff’s hands, whilst the defendant in execution was the owner of the mare, which was subsequently levied on, but that before such levy he married and became the head of a family. The court charged the jury, that the marriage of the defendant before the levy of the' execution, created a lien in favor of the family of the defendant in execution, paramount to the general lien of the…
1Opinion of the CourtOrmond, J.
The statute by which this question is to be ascertained, declares that “ the following articles shall be retained by and for the use of every family of this State, free and exempt from levy or sale by virtue of any execution or other legal process, that is- to say,” &c. Among the exempted articles is one work horse.”
Statutes of this description have always received a liberal construction to effectuate the intent of the legislature, which was to preserve from levy and sale, under legal process, certain articles necessary to the comfortable subsistence of a family, and we are unable to perceive…
2Cited by15 opinions
- Martin v. HewittSupreme Court of Alabama · 1870
- Murphy v. Hunt, Miller & Co.Supreme Court of Alabama · 1883
- Favers v. GlassSupreme Court of Alabama · 1853
- Ray v. ThompsonSupreme Court of Alabama · 1869
- Robinson v. HughesIndiana Supreme Court · 1889
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