28 N.Y.S. 285 | N.Y. Sup. Ct. | 1894
This action was brought to restrain the defendants from taking any proceedings to enforce the collection of a judgment entered in favor of the defendant Forster against the plaintiff out of his real estate. It appears that the plaintiff is a veteran of the war of the Rebellion, and receives a pension from the government of the United States; that he is the owner of the real estate in question, and that all of the money that has been paid thereon was paid from the pension money that he received from the government; that he is a married man, and has a family dependent upon him for support; that he and his family occupy the premises as a home, and that the same was purchased by him for that purpose. It further appears that the defendant Forster recovered a judgment againt the plaintiff in August, 1893, in the county court of Erie county; that he has caused execution to be issued thereon, and has delivered the same to the defendant Beck, as sheriff of the county; that defendant Beck, as such sheriff, has advertised for sale under the execution the real estate mentioned. Thereupon this action was brought, and a temporary injunction obtained, restraining the defendants from selling the premises under the execution until the further order of the court. It must now be regarded as settled that not only pension money, but also property purchased by the pensioner with such money, which is necessary or convenient for the support and maintenance of himself and family, is exempt. Code Civ. Proc. § 1393; Stockwell v. Bank, 36 Hun, 583; Bank v. Carpen