65 Cal. 506 | Cal. | 1884
The court found in substance that the plaintiff was the owner and in the possession of a farm of about one hundred and fifty acres of land, which he cultivates for raising grain, etc., and that the horse, which this action was brought to recover, was used as a work horse on said farm— sometimes singly and sometimes doubly. It is also found that the plaintiff is the publisher of a weekly newspaper and the proprietor of patent medicines, although his main reliance for support is upon his farm, “ and almost the entire income from that is from the services of said horse as a stallion and the agistment of mares for breeding to him.”
The plaintiff is the owner of other horses pledged for a debt owing by him, and in the possession of the pledgee.
On the questions of the value and gender of the horses used in husbandry, the Code is silent. It is restrictive as to the number and use only. If the plaintiff is engaged in husbandry he is entitled to the exemption of two horses, if the same be used by him in such husbandry, the value and gender of which are immaterial.
The findings of the court in our opinion establish two propositions, (1) that plaintiff is a farmer, and (2) that the horse which he claims as exempt, was one of two which he used on his farm in the cultivation and tillage thereof.
Judgment reversed, with directions to the court below to enter judgment in favor of the plaintiff on the findings.
McKinstry, J., Myrick, J., and Thornton, J., concurred.
Ross J., dissented.