Furrow v. Zollars
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. Wm. Gardner, Judge. Action to recover the value of certain property claimed to be exempt which had been seized and sold under execution. Defendant had judgment and plaintiff appealed. The facts are stated in the opinion. Under the laws of this state the judgment debtor has five days after notice of levy to demand exemptions.
Read the full summary
Appeal from circuit court, Pennington county. Hon. Wm. Gardner, Judge. Action to recover the value of certain property claimed to be exempt which had been seized and sold under execution. Defendant had judgment and plaintiff appealed. The facts are stated in the opinion. Under the laws of this state the judgment debtor has five days after notice of levy to demand exemptions. Laws 1893, p. 40. Exemption laws in this state are liberally construed, and are for the benefit of both the debtor and his family. The demurrer should have been overruled. Noyes v. Belding, 5 S. D. 603, 59 N. W. 1069, and…
1Opinion of the CourtFuller, J.
This appeal is from an order sustaining a demurrer to the complaint of a judgment debtor in an action against a sheriff, to recover the value of twenty-five head of cattle claimed to be exempt, and which were seized and sold under an execution. The facts essential to a determination of the only question of law presented are as follows: On the 6th day of September, 1893, respondent seized and took into his possession, under an execution directed against the property of *523'appellant, one hundred head i of cattle. Claiming to be the owner of and entitled to the immediate possession of the cattle…
2Cited by1 opinion
- Rames v. NorbratenSouth Dakota Supreme Court · 1937