Settles v. Bond
Supreme Court of Arkansas
APPEAL from Cross Circuit Court. W. H. Cate, Judge. This court has recognized the right to claim exemptions by other means than schedule in 31 Ark., 632; 34 id., m. Replevin in such cases is authorized by statute. Mansf. Dig., sec. 3372, 3th subd.; see also Thomp. on Homest. and Ex., secs. 876, 884; ‘20 Amer. Dec., p. 696, note. The action is generally recognized and approved.
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APPEAL from Cross Circuit Court. W. H. Cate, Judge. This court has recognized the right to claim exemptions by other means than schedule in 31 Ark., 632; 34 id., m. Replevin in such cases is authorized by statute. Mansf. Dig., sec. 3372, 3th subd.; see also Thomp. on Homest. and Ex., secs. 876, 884; ‘20 Amer. Dec., p. 696, note. The action is generally recognized and approved. Wells on Replevin, secs. 248, 268, 269, 270-1; 1 Head, 17; 61 Ind., 64; 40 Miss., 49; 17 Mich., 332; 5 id., 332; 80 III., 336; 34 Iowa, 128. The argument that a schedule is the only means of selecting, is of no force…
1Opinion of the CourtSmith, J.
The complaint alleges that Settles was a resident of the State and the head of a family; that all of the personal property owned by him did not exceed in value $150; that Bond had recovered judgment against him on a debt due by contract for $17.50 and costs, and had taken out execution, which was levied on a quantity of molasses, the property of the plaintiff; and that the molasses was held by the defendant under the levy aforesaid, but was by law exempt from seizure, and a specific recovery of the same was sought.
This action was brought, two weeks after the levy, before a justice of the…
2Cases cited5 opinions
- Frost v. . MottNew York Court of Appeals · 1866
- Moseley v. AndersonMississippi Supreme Court · 1866
- Maxon v. PerrottMichigan Supreme Court · 1868
- Cooley v. DavisSupreme Court of Iowa · 1871
- Carlson v. SmallSupreme Court of Minnesota · 1884
3Cited by3 opinions
- Baxley v. LasterSupreme Court of Arkansas · 1907
- Andrews v. BriggsSupreme Court of Arkansas · 1942
- Lenzi v. ZimmerAppellate Court of Illinois · 1918