Morris Plan Bank v. Viona

The sole question presented in each of these cases is whether the fund involved falls within the provision of Section 11738, General Code, which precludes the allowance of exemption in lieu of a homestead out of certain property therein specified.

The pertinent provisions of Section 11738, General Code, are as follows: “Husband and wife living together, * * * and not the owner of a homestead, in lieu thereof, may hold exempt * * * real or personal property # * # not exceeding five hundred dollars in value, in addition to the amount of chattel property otherwise by law exempted. Such selection…