Stringer v. Elsaas
North Dakota Supreme Court
Action in Conversion. From a judgment and order of the District Court of Nelson County, Cooley, J., defendants appeal. Where property levied upon is claimed as exempt, and appraisers are selected, their report as to property and value is the best evidence, and oral testimony in reference thereto is incompetent. Comp. Laws 1913, §§ 7734, and 7735; Wood v. Bresnahan, 63 Mich. 614, 30 N. W. 206; Levi v. Groves, 3 Ohio L. J. 569, 7 Ohio Dec. Reprint, 508; 23 Century Dig.
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Action in Conversion. From a judgment and order of the District Court of Nelson County, Cooley, J., defendants appeal. Where property levied upon is claimed as exempt, and appraisers are selected, their report as to property and value is the best evidence, and oral testimony in reference thereto is incompetent. Comp. Laws 1913, §§ 7734, and 7735; Wood v. Bresnahan, 63 Mich. 614, 30 N. W. 206; Levi v. Groves, 3 Ohio L. J. 569, 7 Ohio Dec. Reprint, 508; 23 Century Dig. Title “Exemptions,” § 153. “The value of the homestead premises, as fixed by the appraisers in setting of a homestead, is…
1Dissent
Bruce, Ch. J.
(dissenting). ' This is an appeal from a judgment for damages occasioned by tbe alleged unlawful sale of exempt property.
It is first alleged that tbe proof shows a waiver by tbe plaintiff of bis right to exemptions, and that tbe court erred in bis instruction,, that “you are further instructed that you should find from a fair preponderance of tbe evidence in this case that tbe plaintiff, Stringer, at any time before tbe sale of this property upon execution, to wit, on tbe 12th day of August, 1910, waived bis claim of exemptions, then you should find for tbe defendant.”
Tbe…
2Cases cited4 opinions
- Lynd v. PicketSupreme Court of Minnesota · 1862
- Wood v. BresnahanMichigan Supreme Court · 1886
- Roden & Co. v. BrownSupreme Court of Alabama · 1893
- Globe Phos. Co. v. PinsonSupreme Court of South Carolina · 1898