Vaughan v. Thompson
Illinois Supreme Court
This suit was instituted before a justice of the peace to recover the value of a mule seized and sold by defendant, as a constable of Massac county, which mule was alleged by plaintiff below, to be exempt by law from levy and sale on execution.
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This suit was instituted before a justice of the peace to recover the value of a mule seized and sold by defendant, as a constable of Massac county, which mule was alleged by plaintiff below, to be exempt by law from levy and sale on execution. The evidence showed that at the time defendant below sold the mule in question on an execution against Vaughan, as also at the time the execution was served on Vaughan, he claimed the mule as being exempt from execution, and notified the officer of his claim at the time ; that Vaughan was the head of a family and residing with the same; that Vaughan…
1Opinion of the CourtScates, C. J.
There is error in the refusal of instructions asked by plaintiff, and in part of those given for defendant as well as in refusing a new trial.
It does not appear from the evidence that plaintiff had any property subject to be levied on by this execution. The whole, not specifically exempted, is shown to be worth fifty-five or sixty dollars—the latter sum, by valuing the mule at thirty-five, the hogs at fifteen and the cow at ten dollars. Where a debtor has no more than is specifically exempted, or may be claimed as suitable to his condition, the law will not require him to turn out one piece…
2Cited by17 opinions
- Kennedy v. First National BankSupreme Court of Alabama · 1894
- Sandberg v. BorstadtSupreme Court of Colorado · 1910
- Fellows v. LewisSupreme Court of Alabama · 1880
- Noyes v. BeldingSouth Dakota Supreme Court · 1894
- Edmonson v. MeachamMississippi Supreme Court · 1874
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