118 Ind. 112 | Ind. | 1889
The facts embodied in the special finding may be thus summarized : On the 26th day of January, 1884, the appellants obtained judgment against Barbara Stalnaker before a justice of the peace, and on the 25th day of February caused a properly certified transcript to be filed in the-
We have no doubt that the trial court was right in giving judgment in favor of the appellee. An execution defendant may sell property that the law exempts from execution, and his grantee will acquire a valid title. In fact, a judgment creditor does not obtain any enforceable claim upon property which the law declares shall be exempt from seizure. He has no right to seize or sell such property, and he can not successfully complain of any disposition that the debtor may make of it. The rule, as now established, and it is the only rule defensible on principle, is that the debtor holds the exempted property absolutely and entirely free from the claims of creditors. Blair v. Smith, 114 Ind. 114 (126); Dumbould v. Rowley, 113 Ind. 353; Eiler v. Crull, 112 Ind. 318; Barnard v. Brown, 112 Ind. 53 ; Faurote v. Carr, 108 Ind. 123; Burdge v. Bolin, 106 Ind. 175 (55 Am. Rep. 724); Sannoner v. King, 49 Ark. 299 (4 Am. St. Rep. 49). Property not subject to an execution is not subject to its lien. Edwards v. Thompson, 85 Tenn. 720 (4 Am. St. Rep. 807). As the execution debtor had a right to sell the land she had claimed as exempt, the sale and conveyance to the appellee invested him
The appellee was not bound to do more than record his deed. He was under no obligation to keep watch of the proceedings of the judgment creditors. He had a duly recorded deed, and this drew possession and gave notice. He was not bound to oppose the issue of executions, or to secure additional schedules from his grantor.
Judgment affirmed.