Moffitt v. Adams
Supreme Court of Iowa
Appeal from Keolmk Circuit Court. This is an action of replevin for two horses and harness, and a wagon, which it is alleged the defendant, as a sheriff, siezed under an execution against the plaintiff. The plaintiff alleges that the property is exempt from execution.
Read the full summary
Appeal from Keolmk Circuit Court. This is an action of replevin for two horses and harness, and a wagon, which it is alleged the defendant, as a sheriff, siezed under an execution against the plaintiff. The plaintiff alleges that the property is exempt from execution. The defendant admits the levy upon the j>roperty, and alleges a want of knowledge as to the allegations of the petition, and avers that at the time of the levy the plaintiff did not claim that the property was exempt from seizure on execution, and that he is estopped from making such claim now. The court found for the plaintiff.…
1Opinion of the CourtDay, J.
The plaintiff, who is the head of a family, claims that the property in question is exempt from execution, under the provisions of section 3072 of the Code. The defendant insists that the plaintiff failed to claim the property as exempt at the time of the levy, and that therefore he is now estopped to insist upon the exemption. The evidence tends to show that when the officer came to levy upon the property, the plaintiff told him that “he ought not to take it, for he, (plaintiff,) had use for it all the time, and it was not right.” Upon cross-examination the plaintiff testified that he told…
2Cases cited2 opinions
- Angell v. JohnsonSupreme Court of Iowa · 1879
- Green v. BluntSupreme Court of Iowa · 1882
3Cited by3 opinions
- Scofield v. HopkinsWisconsin Supreme Court · 1884
- Grover v. YounieSupreme Court of Iowa · 1900
- Ellsworth v. SavreSupreme Court of Iowa · 1885