Pilcher v. Chaffin
Alabama Court of Appeals
Appeal from Dale Circuit Court. Heard before Hon. M. Soma Contest of exemptions between T. W. Chaffin as judgment creditor and SI R. Pilcher as judgment defendant. Judgment for plaintiff and defendant appeals. Chaffin had recovered judgment in the circuit court of Dale county against Pilcher upon a debt.
Read the full summary
Appeal from Dale Circuit Court. Heard before Hon. M. Soma Contest of exemptions between T. W. Chaffin as judgment creditor and SI R. Pilcher as judgment defendant. Judgment for plaintiff and defendant appeals. Chaffin had recovered judgment in the circuit court of Dale county against Pilcher upon a debt. The judgment did not contain a waiver of exemptions as to personal property, and when it was levied upon certain personal property, the defendant in execution filed his claim, of exemptions duly verified, and lodged the same with the sheriff, but did not file an inventory of other…
1Opinion of the Court
de GRAFFENRIED, J.
In the present case an execution was levied by the sheriff of Dale county upon certain personal property belonging to the defendant in the execution. The personalty so levied upon was worth about $300, and the defendant in the execution lodged with the sheriff, at the time of the levy, duly verified by his oath, a writing claiming the property so levied upon as exempt to him from levy and sale for the satisfaction of the said execution. The execution was issued upon a judgment recovered in an action ex contractu, and there was no waiver of exemptions as to personal property.…
2Cases cited3 opinions
- Tonsmere & Craft v. BucklandSupreme Court of Alabama · 1889
- First National Bank of Anniston v. LippmanSupreme Court of Alabama · 1900
- Trager, Canman & Co. v. FeiblemanSupreme Court of Alabama · 1891