Shear v. Reynolds

Citations

• 90 Ill. 238

Syllabus

<p>1. ’ Exemption—of personal properly, as against purchase money unpaid. The 3d section of chapter 52, Rev. Stát. 1874, relating to exemptions, which declares, that “ no property shall, by virtue of this act, be exempt from sale for non-payment of taxes or assessments, or for a debt or liability incurred for the purchase or impi’ovement thereof,” relates to real estate alone, and does not embrace personal property.</p> <p>2. Same—levy upon property specifically exempt—debtor denied an opportunity of turning out other property. Where an officer holding an execution goes to the debtor and makes no general demand for property upon which to levy, but with a manifest purpose of taking a team which is specifically exempt, and takes the same, regardless of the debtor’s claim of its exemption, the team being suitable to his condition, and used in obtaining a support of the debtor and his family, the officer will be liable to the statutory penalty without reference to what other property the debtor may have had. Such act is a virtual denial to the debtor of any opportunity either to make any selection or produce other property.</p>