Parsons v. Hartman
Oregon Supreme Court
Appeal from Umatilla: Morton D. Clifford, Judge. This is a suit by William Parsons to restrain the defendants from selling exempt personal property upon execution.
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Appeal from Umatilla: Morton D. Clifford, Judge. This is a suit by William Parsons to restrain the defendants from selling exempt personal property upon execution. The plaintiff, in substance, alleges that the defendant, George A. Hartman, having obtained a judgment against him in the circuit court of Umatilla County, Oregon, caused an execution to be issued thereon, and delivered to the defendant William J. Furnish, the sheriff of said county, who, in pursuance of the direction of his codefendant, levied upon necessary wearing apparel of the plaintiff and his family, and upon the household…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
Counsel contend that the plaintiff has a plain, speedy, and adequate remedy at law, and that equity will not entertain jurisdiction to enjoin the sale upon execution of personal property that is exempt therefrom. There is a conflict of authority upon the right of a judgment debtor to enjoin the sale of his personal property under execution upon the ground that it is exempt by law from sale under judicial process. It has been held in- Texas that a sale of personal property which is exempt from execution may be restrained at the suit of the judgment debtor: Nichols…
2Cases cited7 opinions
- Mohawk & Hudson Rail Road v. ArtcherNew York Court of Chancery · 1836
- Alexander v. HoltTexas Supreme Court · 1883
- Johnson v. HahnNebraska Supreme Court · 1875
- Stein v. Frieberg, Klein & Co.Texas Supreme Court · 1885
- Baxter v. . BaxterSupreme Court of North Carolina · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Smith v. HowellOregon Supreme Court · 1918
- First Nat. Bank v. Multnomah State BankOregon Supreme Court · 1918
- Wolfer v. HurstOregon Supreme Court · 1907