Brand v. Clements

An execution in favor of Brand was levied on certain property of Clements, the defendant in fi. fa., the property being described in the levy as “eight or ten acres of cotton now in the field and unpicked.” The defendant filed an affidavit of illegality, alleging that the property levied on was exempt from levy and sale, as being the proceeds of certain personal property set apart as an exemption to him as the head of a family. After a trial of the issues so raised, an appeal was taken to a jury in the justice’s court, and on the trial of the appeal the jury rendered a verdict finding the…