Town v. Elmore

Town, having in his hands two executions against Elmore for service as constable, levied the same on stock in a foundry and machine shop which were being carried on by Elmore. • Without having any inventory of this stock made, or taking any steps to enable Elmore, if he claimed any part of it as exempt from execution, to have the same set off, Town proceeded to make sale thereof. Elmore then brought suit in trover.

Th¿ statute provides that there shall be exempt from levy and sale under any execution, or upon any other final process of a court, “the tools, implements, materials, stock,…