Parker v. Canfield
Michigan Supreme Court
Error to Washtenaw; Kinne, J. Trover by Francis Parker against Lester Canfield. From a judgment for plaintiff on verdict directed by the court, defendant brings error. Defendant, a deputy sheriff, under an execution against plaintiff, levied upon certain property belonging to him. He was' a farmer. After the levy, defendant, of his own motion, released the levy as to part of the property, on the ground that it was exempt.
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Error to Washtenaw; Kinne, J. Trover by Francis Parker against Lester Canfield. From a judgment for plaintiff on verdict directed by the court, defendant brings error. Defendant, a deputy sheriff, under an execution against plaintiff, levied upon certain property belonging to him. He was' a farmer. After the levy, defendant, of his own motion, released the levy as to part of the property, on the ground that it was exempt. He retained the levy on 106 bushels of barley situated in plaintiff’s barn. Plaintiff claimed this as exempt property. Defendant took it away, and sold it under his…
1Opinion of the Court
Grant, Cb J.
(after stating the facts). The instruction was correct. When an officer levies under his execution upon exempt property, it is his duty to make an inventory, and allow the defendant in execution to select his exemptions. Stilson v. Gibbs, 53 Mich. 280; Hutchinson v. Whitmore, 90 Mich. 255, 262 (30 Am. St. Rep. 431); Ostrander v. Packer, 35 Mich. 430; Town v. Elmore, 38 Mich. 305.
Judgment affirmed.
The other Justices concurred.
2Cases cited4 opinions
- Stilson v. GibbsMichigan Supreme Court · 1884
- Hutchinson v. WhitmoreMichigan Supreme Court · 1892
- Town v. ElmoreMichigan Supreme Court · 1878
- Ostrander v. PackerMichigan Supreme Court · 1877
3Cited by2 opinions
- Bostatter v. HinchmanMichigan Supreme Court · 1928
- Feenstra v. TanisMichigan Supreme Court · 1906