Legal Opinion

Lockwood v. Younglove

New York Supreme Court

Decided June 7, 1858PublishedCited by 7 opinions

THIS was an. action to recover the possession of personal property. The defendant claimed the same as a purchaser at a sheriff's sale under an execution against John W. Lockwood, the plaintiff in this action. The jury found that the plaintiff was entitled to the possession, and to a return of the property, with six cents damages for detaining the same; and assessed the value of the property at $150. The defendant moved for a new trial.

1Opinion of the Court

By the Court, Johnson, J.

The plaintiff is a householder and entitled to retain such property as the statute exempts, against the claims of his creditors. He was shown to be a farmer, and to follow the business of thrashing. It was also shown that a team in such business is necessary. The case also shows that the team which the plaintiff usually worked consisted of a pair of horses, the horse in question, and another horse, which the plaintiff did not claim to own, but which was claimed to be owned by his wife, as her separate property. Both horses were levied upon by the sheriff and sold, at…

2Cited by7 opinions

  1. Elder v. WilliamsNevada Supreme Court · 1882
  2. Dains v. ProsserNew York Supreme Court · 1860
  3. Ford v. JohnsonNew York Supreme Court · 1861
  4. Wilcox v. HoweNew York Supreme Court · 1891
  5. Hodge v. LeaningNew York Surrogate's Court · 1884

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