Twining

This is an appeal by defendant from a judgment denying a claim of exemption from execution. The judgment is appealable (Code Civ. Proc., § 690.26, subd. 14). The facts material to this proceeding are not in dispute. Plaintiff recovered a judgment against defendant and thereafter levied execution on a “D-2 Caterpillar tractor with a bucket ‘dozer attachment.’ ” Defendant filed an affidavit of exemption which stated no facts. Plaintiff submitted a counteraffidavit consisting solely of a lament that defendant had alleged no facts. Defendant thereafter submitted a supplemental affidavit averring that the tractor was of a value of less than $4,000. However, this latter document is now of no consequence since, on oral argument, defendant abandoned his contention that the tractor was a farming utensil or implement of husbandry as defined in Code of Civil Procedure, section 690.3. Defendant now places sole reliance upon section 690.4 providing exemption for “the tools or implements of a mechanic or artisan, necessary to carry on his trade.”

Defendant was the sole witness at the time of the hearing. His testimony cured the defects in his affidavit. He testified that his occupation or…