Flanders & Son v. Wells

Jackson, Justice.

In 1876 James Wells executed a mortgage on two mules and his growing crop, to secure Flanders & Son for advances and provisions. One of the mules he sold, and Flanders & Son foreclosed the mortgage on the other, and levied the execution thereon. After the execution of the mortgage, Mrs. Frances Wells, the wife of James Wells, had this mule, so mortgaged, exempted under the old exemption law found in the Code, section 2040. In the mortgage given by James Wells to Flanders & Son, there is an express waiver of all exemptions and right thereto upon these mules; and the question…