Haswell v. Parsons

Citations

• 15 Cal. 266

Syllabus

<p>Where certain household furniture is claimed as exempt from execution, the fact that the number of beds claimed—six in all—is greater than is required for the immediate and constant use of the family, is no objection. Such a construction of the statute would be too narrow.</p> <p>Where a party was absent in San Francisco, at the time such furniture was sold on execution, on account of sickness in his family, it is a sufficient excuse for not claiming the exemption at the time, the defendant, plaintiff in execution, being aware of such claim, it having been made on a previous seizure.</p> <p>In suit against plaintiff in execution, for the value of household furniture sold thereunder, as being exempt, defendant offered to show that plaintiff agreed to place the property in the hands of a third person, to be sold for the benefit of defendant, the creditor; Reid, that the evidence was not admissible, because such agreement does not necessarily waive the exemption from forced sale.-</p>