McMasters v. Alsop

Citations

• 85 Ill. 157

Syllabus

<p>1. Exemption—burden of proof is on claimant. Where a party claims property as exempt from levy and sale, which is not made specifically exempt, the burden of proof rests upon him to show that it is exempted. The law does not presume that a person does not have the property exempted by the statute, nor does the mere claim that property is not enumerated prove that it is exempt.</p> <p>2. Same — of property not specifically exempt. Where property of a debtor, not specifically exempt, is levied upon, if the debtor has other property liable to levy and sale, he must offer to turn it out before he can claim the property levied on as suitable to his condition.</p> <p>3. Same—when pwrty must sham he is the head of a family. If a debtor claims property levied on as exempt, which is not made so specifically, he must show that he is the head of a family and residing with the same, by clear and satisfactory proof.</p>