In re Estate of Klemp

This is an appeal by an insolvent debtor from an order of the superior court denying his petition to have set apart to his use “one Holt Bros/ Combined Harvester.” The court adjudicated that said harvester, and certain other personal property not involved here, “are not utensils or implements of , husbandry”; and in so holding we think the court erred.

The court found that at the date of the adjudication in insolvency, and for a long time prior thereto, the appellant had been engaged in the business of farming and grain raising, and during all that time had used and employed said harvester in the conduct of his business. The only evidence introduced on the subject of the harvester was the testimony of the appellant himself. He testified that for about nine years he had been engaged in farming and wheat raising on a certain piece of land in Sutter county; that he had cultivated between ten and eleven hundred acres; that he had used certain personal property, including said harvester, in said business; and that “all thereof were and are necessary implements for the proper conducting and care of my said business.” He further testified as follows: “I purchased said harvester in the…