Legal Opinion

Northwest Thresher Co. v. McCarroll Et Ux.

Supreme Court of Oklahoma

Decided September 26, 1911No. 1127PublishedCited by 6 opinions

Error from District Court, Grant County; W. M. Bowles, Judge. Action by the Northwest Thresher Company against G. T. MeCarroll and wife. Judgment for defendants. On motion by defendants to discharge certain property from an execution levied by the sheriff of Grant county, on the ground that the property levied on was exempt from execution because a homestead. Motion sustained, and plaintiff brings error.

1Opinion of the Court

Opinion by

AMES, C.

On January 30, 1907, the Northwest Thresher Company, plaintiff in error, recovered a judgment in the district court of Grant county against G. T. MeCarroll and wife. On May 11, 1909, the plaintiff caused an execution to be issued, which was levied on certain property in Medford. On May 19th, G. T. MeCarroll and his wife, Sadie MeCarroll, defendants in error, filed a motion to require the sheriff to release the property from the levy, because it was their homestead; and on the same day Sadie MeCarroll filed a motion to release part of the property from the levy, because it…

2Cases cited6 opinions

  1. Edwards v. KearzeySupreme Court of the United States · 1878
  2. Gunn v. BarrySupreme Court of the United States · 1873
  3. Ashton v. IngleSupreme Court of Kansas · 1878
  4. Donaldson v. LampreySupreme Court of Minnesota · 1881
  5. Aldrich v. BoiceSupreme Court of Kansas · 1895

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3Cited by6 opinions

  1. Pasco v. HarleySupreme Court of Florida · 1917
  2. In Re RichardsonUnited States Bankruptcy Court, N.D. Oklahoma · 1998
  3. Harris v. Cherokee State Bank of LenapahSupreme Court of Oklahoma · 1921
  4. First State Bank v. FischerNorth Dakota Supreme Court · 1937
  5. Paulson v. HurlburtOregon Supreme Court · 1919

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