64 P. 449 | Or. | 1901
after stating the case as above, delivered the opinion of the court.
There are some states — notably Illinois — wherein it is held that the debtor is required, if he has more property than he is entitled to hold as exempt, to surrender or point it out to the officer before he is entitled to the release of that which he has selected and demanded ; but our statute requires no such condition precedent at his hands. When, however, his right to the exemption is questioned, he must be able to show the necessary facts to entitle him to the privilege, namely, that he is a householder; that the property claimed consists of household goods, furniture, and utensils, which are in actual use or kept for use by and for his family ; that he is the owner ; and that its value does not exceed $300. When he has affirmatively proven these facts, he has established his claim (Stewart v. McClung, 12 Or. 431, 53 Am. Rep. 374, 8 Pac. 447), and he is not required to go further in order to prevail against the officer whom he has been compelled to sue in a court of justice to recover the possession of the property seized. It follows, therefore, that plaintiff was not required to show that she had not other property of the kind, or that she was not withholding any such, before she was entitled to that which was attached, and she
Reversed.