Bank of Gulfport v. O'Neal

Citations

• 86 Miss. 45

Syllabus

<p>1. Executions. Exemptions. Construction.</p> <p>Laws granting exemptions from levy and sale under execution are construed liberally in favor of the exemptionist.</p> <p>2. Same. Code 1892, § 19G6. Claim of exemptions.</p> <p>Under Code 1892, § 1966, requiring an officer about to levy an execution on personal property, some of which is claimed as exempt, to demand of defendant that he make selection of such property as he claims to be exempt, and providing that on failure of defendant so to do the officer shall make it for him, where, though defendant claimed the property to be exempt, the officer made no request that he make selection, and no notice was given him to make it, defendant did not, by failing to select the property, forfeit his right to the exemption.</p> <p>3. Same. Claiming property as wife’s;</p> <p>A defendant whose personal property is levied upon under execution does not waive his right to claim his exemptions by asserting that the property belongs to his wife.</p> <p>4. Same. Code 1892, § 1971. Selection. When unnecessary.</p> <p>Under the express terms of Code 1892, § 1971, allowing as exempt any species of personal property not to exceed in value $250, “or the articles specified as exempt to the head of a family,” where the aggregate value of all the personal property seized was less than the amount of exemption, a selection of the particular articles claimed as exempt was unnecessary.</p> <p>5. Same. Code 1892, 1967, 3482, 946. Bonds of indemnity. Wrong con- . ditions. Curative section.</p> <p>Where an officer has levied an execution on property which is claimed as exempt and the officer demands an indemnifying bond of the plaintiff, under Code 1892, § 1967, hut by mistake accepts from the plaintiff a bond under Code 1892, § 3482, the conditions of the two statutory bonds being different, and proceeds and sells the property, the bond actually taken will he treated in any suit thereon as if properly conditioned, under Code 1892, § 946, provid