Brownlow's Knoxville Whig, and rebel ventilator. [volume] (Knoxville, Tenn.) 1863-1866, 1866-01-17
Decisions Of the Supreme Court.


This is a suit commenced by petition in the Cir
Juit Court Of Smith county, by tho plaintiff, in
ror praying for wrltS Of CertOrari and supersCdas
70 guash the levy Of an execution from judgment
Of Justice of Smith. The plaintiff in alleges
lie was the head Of q family, and the property
seized, bed and bureau, was exempt by flaw from
levy and sale. The writs were awarded by the Cir
cult Judge. Il appears from the proof the plaintiff
IN error, was the head of family himself and wife;
his furniture consisting only Of two beds and one
bureau They were IN very INDECENT circumstances
the officer who made the levy took from them the
property and moved II of the premises. The levy
was made on Saturday and removed on the dav fol-
lowing. The proof al the time the levy was made
IS the plaintiff in error claimed the property as ex-
empt from execution. On the next day. al the time
OF the removal there is some proof that the plain
tf assented 70 the act of the removal but il was af
ter The levy and seizure. The cause was submitted
10 q jury under the charge of the Court, who in
structed the jury if the defendant on the execution
had but two IN family, thcn the property was not
the subject Of lcvy and sale by execution but the
defer dant might waive the right and permit a sale
of the property to sasfythe execution which would
protect the officer, but the defendant could at any
time withdraw his assent before the sale on notice
% the officer, and be then bound 10 return the
property. \ Judgment was rendered again.t tho
plaintiff in crrOT--a new trial refused and an an
I "a take 10 this Court. The decision Of this
Gus requires construction Of the several acts for
u poor ptEsOIl-, GAt4l4 pt4Al5 Nt- td4L pro
pe-.y from execution. The object and purpose Of
the Legislature in passing the several acts was 10
secure o. each head of a family certain property
necessary ter The their comfort support and main
tenaI In constituting these acts we must take
them %. -lrterent parts Of one act. By the act Of
ic-o certain articles were exempted and they were
pToteclc1 IN the possession Of the head Of the fami
u IN c act creating the exemption expressly for
DID the seizure and sale of the property and made it
mlsGemeanor for officer to violote the act. The
ac's OF 1877, 1893 and 1882, and the provisions OF
section --y', and the other sections Of the Cod
excluding these additional articles of property ex
empt rom eGecution-to these articles the rights
ana interests OF the parties attach as they were fix
ed by the act OF 1870. II is manifest object and
purpose Of the Legislature was 10 extend tie bene-
4: TO the family. No one, unless he was the head
OF 6 family, was entitled to the benefits of the law
II the father died, the provisions of the law erten
ded 10 the mother and children. If the mother
died the property was fund in the hands of the
personal representatives, for the use of the children
If the father absconded il would not be taken kv
attachment or other judicial process-it is property
around which every protection has been thrown, 70
secure the family in the use and enjoyment and in
which they hsve common interest 1t generally
consists Of their humble earnings, Snd Of such srti-