Graw v. Manning & Epperson
Supreme Court of Iowa
Appeal from Monroe Cvreuit Court. This is an action of replevin to recover possession of a team, wagon and barness, levied upon by tbe defendants to satisfy a judgment recovered against tbe plaintiff. Tbe plaintiff claims tbat tbe property is exempt from execution.
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Appeal from Monroe Cvreuit Court. This is an action of replevin to recover possession of a team, wagon and barness, levied upon by tbe defendants to satisfy a judgment recovered against tbe plaintiff. Tbe plaintiff claims tbat tbe property is exempt from execution. Tbe cause was tried to tbe court, and a finding of facts was submitted, wbicb, so far as material to tbe present controversy, is as follows: “ Tbat tbe plaintiff, on tbe 21st day of August, 1879, was tbe absolute owner in fee of tbe property described in tbe petition; tbat said plaintiff was a married man, and tbe bead of a family,…
1Opinion of the CourtBay, J.
i. exemption : ieavutiiootato: tutes. ' ‘ Section 3076 of tbe- Code provides: “"Where the debtor, if the head of a family, has started to leave this State, he shall have exempt only the ordinary wearing apparel of himself and family, and such other property in addition as he may select, in all not exceeding seventy-five dollars in value.”
The question involved in this case is whether the defendant, under the facts found by the court, had started to leave the State, as contemplated in this statute. The court finds that the plaintiff had his wagon close to the house ready to be loaded with…
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