53 Tenn. 136 | Tenn. | 1871
delivered the opinion of the court.
This is an action of trover brought against an officer for wrongfully levying on and selling a certain gray mare, claimed by defendant in error to have been exempt from sale under the law protecting property of poor persons from such sales.
The only question presented in the case for our decision is upon the charge of his Honor the Circuit Judge. He charged the jury in substance, that if the party was entitled to the exemption as being head of a family, &c., and had more than one horse subject to levy, he had a right to elect which one should be exempt, and whether he selected the one in controversy or not as exempt before the levy was made,
We think the proof well warrants the verdict in the case, and affirm the judgment.