West Headnote of the Day – September 2, 2009

September 2, 2009

West's Key 163 Exemptions
West's Key 163I Nature and Extent
West's Key 163I(C) Property and Rights Exempt
West's Key 163k44 k. Vehicles and Teams.

To entitle a poor debtor to the benefit of the act which declares “one work horse,” etc., shall be retained for the use of every family in this state “free and exempt from levy or sale by virtue of any execution or other legal process,” it is not necessary to prove that the horse had been broken to gear, or used in harness; but it is enough if he performed the common drudgery of the homestead, either by hauling wood, drawing the plow, carrying the family to church, etc., under the saddle or in traces. And he need not have performed all these services. If he is intended to be used in any or all of them, or in others of a kindred character, he comes within the exemption.
Noland v. Wickham, 9 Ala. 169 (1846)

163 Exemptions