Washburn v. Goodheart

Citations

• 88 Ill. 229

Syllabus

<p>1. Statute—strict construction—exemption law. A statute exempting property from levy and sale, is not to be construed strictly, but so as to carry out the obvious intention of the legislature.</p> <p>2. Exemption—statute construed as to team used, etc. The words “ used by the debtor in obtaining the support of his family,” in the statute exempting “ one yoke of oxen, or two horses in lieu thereof” not exceeding in value $200, being general, and restricted to no particular mode of use, are answered where the team is hired to others for a compensation which goes into the general fund to support the family, as well as where the debtor personally uses the same. But a team kept for pleasure is not within the letter or the spirit of the statute.</p> <p>3. Same—waiver. Where one, being indebted to another, agreed to turn over to him a stock of goods, and two horses and harness, and a wagon, out of which to pay such debt, and the creditor was to pay off an execution obtained by another creditor against the same debtor, or buy it and give time, but the team and harness were never delivered or demanded, and the execution was levied upon the team and harness, which was claimed as exempt, it was held, that the agreement to turn them over was not a waiver of the exemption.</p> <p>4. Same—debtor may sell property. Where property is exempt from execution, the debtor may sell, mortgage or pledge it, as he pleases, without making it subject to levy and sale under execution.</p>