Parsons v. Thomas
Supreme Court of Iowa
Appeal from Adams District Court. This is an action of replevin for two borses and one set of double harness, levied upon by the defendant, as sheriff, under an execution against the plaintiff, and which the plaintiff now claims were exempt from execution, as the team and harness with which he habitually earned his living as a farmer. Trial to a jury, and verdict and judgment for the plaintiff. The defendant appeals.
1Opinion of the Court
Day, Ch. J.
I. The petition does not allege that, before commencing the action, the plaintiff served upon the officer 1. execution: notice to sheriff of ownership: statute construed, a notice in writing of his claim to the property. The defendant demurred to the petition upon this ground, and the court overruled the demurrer. The defendant thereupon tiled an answer, alleging that the plaintiff never at any time gave him written notice of his claim to the property, or that he claimed it as exempt, prior to the commencement of this action. On *320motion of plaintiff, this averment was stricken from…
2Cases cited1 opinion
- McCoy v. CornellSupreme Court of Iowa · 1875
3Cited by2 opinions
- Upp v. NeuhringSupreme Court of Iowa · 1905
- Glover v. NareySupreme Court of Iowa · 1894