97 Mich. 151 | Mich. | 1893
This is an action of trover to recover the value of a pair of horses and certain household furniture which plaintiff claims was the^property of her husband, and was exempt by law from execution. Plaintiff’s husband was the son of the defendant. Her husband left her after they had been married about a week, and went to parts unknown. He was a farmer and a widower when he married plaintiff. The horses and other property had been
The only question presented by defendant’s counsel is upon the correctness of the • instruction as applied to the horses, and in this respect we think it was erroneous. Under tlie ninth subdivision of How. Stat. § 7686, the husband has the clear right to sell, mortgage, or dispose
If plaintiff’s husband had abandoned the principal business in which he was engaged, the horses were not then, within the exemptions of the statute, and she then had no-interest in them which would entitle her to maintain am action for their possession or value. In such case possession by the defendant would be a complete defense to the action. The exemption of such property continues while the husband is moving from one place to another to carry on the same business or other business in which he is to-be wholly or principally engaged, and when such property is necessary to enable him to carry it on.
Where there is evidence tending to support the claim of a party litigant, the case should be submitted on his theory,, as well as upon the theory of his opponent. Wildey v. Crane, 69 Mich. 17.
For the failure to instruct the jury as above indicated, the judgment is reversed, and new trial ordered.