49 Tenn. 220 | Tenn. | 1870
delivered the opinion of the Court.
Madison Eichardson was engaged in agricultural pursuits in Jackson county, and was the head of a family. The only work beast he owned was a jackass, worth twenty dollars. He used this animal in his farming, operations. Asel Duncan, a Constable, levied an execution
We can not concur with the Justice of the Peace and the Circuit Judge, in their construction of the exemption law, as applicable to “a horse, mule, or yoke of oxen.” It is clear that this case comes directly within the reason and spirit of the law. The plaintiff was the head of a family, probably a large one. He was engaged in tilling the soil, and his little jackass, worth only twenty dollars, was the sole dependence of his family for plough-ing the earth, and making bread for his wife and children.
It is obvious that he is exactly the kind of citizen that the Legislature had in view when they declared that the wives and children of such honest hard-working tillers of the ground should not be reduced to starvation by allowing the creditor to seize the last horse, mule or ox.
We reverse the judgment, and remand the cause for a new trial.