Van Lue v. Wahrlich-Cornett Co.

This is an appeal from a judgment in favor of the defendant taken within sixty days after the' entry thereof, in an action to recover damages for the conversion of property claimed by plaintiff as exempt from execution.

Plaintiff had been engaged as a farmer for about ten years, when in March, 1907, a farm comprising eighty acres, which he held under a lease, and upon which he had been raising beets for about two years, was flooded and his crop of beets destroyed. Prom that time until October, 1908, when the personal property in question was attached, plaintiff engaged in the business of a teamster. During this time, however, he had retained his horses and some farming implements, intending to return to the farming business, and made various efforts to dio so, but without success. In October, 1908, the defendant obtained a judgment against plaintiff in the superior court, upon which an execution was issued, and the personal property in question sold. After the property had been seized plaintiff demanded its return from the sheriff, upon the ground that he was a farmer and teamster, and that therefore the property was exempt from execution. Its return being refused, he commenced…