Davis v. Allen
Supreme Court of Alabama
Error to the County Court of Benton. Trespass vi et arniis by the plaintiff, against the defendant in error, for taking and carrying away a yoke of oxen, an ox cart, bed and furniture, and other household utensils. The defendant by plea, justified under certain writs of attachment which came to his hands as an officer, and which he levied upon the property.
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Error to the County Court of Benton. Trespass vi et arniis by the plaintiff, against the defendant in error, for taking and carrying away a yoke of oxen, an ox cart, bed and furniture, and other household utensils. The defendant by plea, justified under certain writs of attachment which came to his hands as an officer, and which he levied upon the property. To which the plaintiff replied, that he was a resident of Benton county when the attachment issued; that he was the head of a family, and that the articles levied on were exempt from levy and sale by law. Upon the trial, as appears from a…
1Opinion of the CourtOrmond, J.
The statute governing this case, provides, that certain articles of property which are described, “shall be retained by, and for the use of every family in this State, free and exempt from levy and sale, &c. [Clay’s Dig. 210, $ 47.] The policy of the law, secures the exempt articles from levy and sale, for the use of the family, every where within the limits of the State ; and certainly it can make no difference, whether this exemption is claimed in Benton, in an adjoining, or remote county, as the right to retain the pro, perty so exempt, attaches to the family wherever it may be in the…
2Cited by1 opinion
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