Smothers v. Holly

Citations

• 47 Ill. 331

Syllabus

<p>1. Officer—sale of property exempt from execution. Where a constable levied upon and sold personal property, selected and claimed by the execution debtor, as exempt from execution, of which the officer had notice, and such execution debtor had at the time, other personal property in his possession, which he failed to produce in lieu of the exempted property, such officer is not liable for the penalty prescribed for selling property exempt from execution.</p> <p>2. And it is not sufficient to excuse the debtor, from delivering to the officer the other property in his possession, that there was a chattel mortgage thereon, unless he should inform the officer of the condition of the property, in order that he might act advisedly in the premises.</p>