State ex rel. McKee v. McNeill

Citations

• 58 Wash. 47
• 107 P. 1028
• 1910 Wash. LEXIS 886

Syllabus

<p>Exemptions—Persons Entitled—Farmers. Under a liberal construction of Rem. & Bal. Code, § 563, allowing exemptions to a farmer of a team, harness and wagon, “also farming utensils actually used about the farm,” a team, harness and wagon need not be actually used about the farm or the farmer living thereon; it is sufficient if farming has been his principal occupation for years, that he had recently moved to town, sold or traded his homestead, and made arrangements to rent a ranch, intending to go upon and farm it.</p> <p>Exemptions—Persons Entitled—Absconding Debtor—Question of Pact. Whether a debtor has forfeited his right to exemptions by reason of the fact that he was about to leave the state with intent to defraud his creditors presents only a question of fact.</p> <p>Exemptions—Value-—-Appraisement —Waiver—Effect. Under Rem. & Bal. Code, § 572, providing for an appraisement of property levied upon when it is claimed as exempt, a creditor who waives the appraisement and directs the sheriff to hold the property is precluded from raising any question as to the value of the property as stated in the debtor’s claim of exemption.</p>