Lupton v. Merchants National Bank

The opinion of the court was delivered by

Harvey, J.:

This is an action to recover possession of a library and for damages for its wrongful detention. Plaintiff had mortgaged the library to John S. Dean, as trustee for the other defendants. The action is predicated upon the theory that plaintiff is a resident of the state and the head of a family, that the library is a family library and exempt as such, and that his wife did not join in the execution of the mortgage, hence, that it is void. A jury was waived, the trial court made findings of fact, and held the library referred to is not exempt…