156 Mo. App. 212 | Mo. Ct. App. | 1911
This is an appeal from the action of the court in overruling appellants motion to quash an execution. The property levied upon by the sheriff under the execution was a house and lot in the city of Maryville, Missouri, occupied by the defendant and his family, and encumbered by a mortgage for five hundred dollars. The defendant prior to the issuance of the execution conveyed the property to his wife. The defendant acquired the property after the debt was contracted on which the judgment was rendered and under which the execution was issued.
The ground for quashing the execution was that the sheriff failed to set off to him the $300 exemption in the property in lieu of other exempt property as provided by the statute. The court overruled the motion and the defendant appealed.
The judgment of the court will have to be sustained. Speaking of a similar case, Ellison, J., said: “The
Cases cited by appellant apply to homesteads and therefore do not govern the question. Affirmed.