The representative. [volume] (St. Paul, Minn.) 1893-1901, 1896-01-08
THE EXEMPTION LAW.

THE EXEMPTION LAW.
IMPORTANT EXPLANATIONS OF ITS
PROVISIONS.
CA friend having written us series of
inquiries as to the exemption law we have
turned them over to that able lawyer
and honest man, T. r. Kane, of ST. Paul.
and he has been kind enough to send us
the followin, which will be of interest to
large number of our readers in these
hard times.-Ed. Rep)
ST. Paul, Mimi, Jan. 3, 1S96-Hon Ig-
natius Donnel!y, Dear Sir: The inquiries
OF your correspondent suggests to me the
idea that perhaps it would not be out OF
place to utilize the columns of The Rep
resentative in placing before its wide cir
Gle OF readers the most important sections
of our exemption law with reference to
its Influence on the rights and privileges
OF the agricultural community.
In doing this l shall merely cite the
sections of the law relating to exemptions
as it now exists, feeling that they are so
clear, explicit and easily understood that
any additional explanation or opinion
might tend rather to confuse then to
elucidate them.
Section 5459 Of the General Statutes of
the State Of Minnesota for the year 1894
toned or represented shall be
liable to attachment or sale on
any final process issued from any
court in this state. Subdivision six of the
same section enumerataes the following
property as being included in the exemp-
ton:
Three cows, ten swine, one yoke Of oxen
and horse or in lieu of one yoke of oxen
and horse a span Of horses or mules, 20
sheep and the wool from the same, either
in tel
yarn or cloth. The necessary food for all
the stock mentioned in this section for
one years support either provided or
growing or both, as the debtor may
choose; also one wagon, cart or dray, one
sleigh, two plows, one drag and other
teams not exceeding three hundred dol
lars in value.
Subdivision of the same section emil
merates the following:
The provisions for the debtor and his
family necessary for one years support
either provided or growing, or both and
fuel necessary for one year.
Subdivision 10 Of the same section emil
merates:
Necessary seed grain for the actual
personal use Of the debtor for one season,
to be selected by him, not however. in
any case to exceed the following kinds
and amounts respectively, viz: Fifty
bushels of wheat, fifty bushels of oats.
fifteen bushels of potatoes, three bushels
OF corn and thirty bushels of barley and
binding material sufficient for use in
harvesting the crop, raised from the seed
grain above specified.
section 5521 of the same statutes exempt
the following: A homestead consisting
or any quantity of land, not exceeding 30
acres, and the dwelling house thereon,
ana the appurtanances to be selected by
the owner thereof and not included in the
laid out or plated portion of any incor-
porated town, city or village, etc.
1t VIII be seen from the foregoing that
the law is general in it's terms and can
not condescend to particulars which de-
pend upon individual conditions as an
inspection of sub. just cited will show
That mans exemption for fuel and nee
essarles depends upon the magnitude of
the establishment supported by him and
the number Of his family and it NAV he
further said that the exemption of the
homestead does not extend to the crops
raised thereon except so far as contained
within the limitations of the sections
herenbefOre cited
1t may be stated as a general rule that
no valid and legal judgment in a civil ac-
ton can be rendered against a man in
TINS state without having first notified
him by the service upon him personally
or summons, or by levying the same AT
| the place of his usual abode with some
competent person, or by publica ton of
the same, and the latter method is only
eHectual where the person against whom
Judgment sis brought is a nonresident.
and has property Of some character with
IN the jurisdiction of the court wherein
judgment is sought to be obtained
A mortgage can be legally fore
closed only upon a breach in the condi-
TONS OF the mortgagor in complying with
the conditions for the faithful perform
| ance OF which the mortgage was given
as security ana the title to the property
mortgaged passing in fee to the pur-
chaser at foreclosure sale or his assignee
on the expiration Of the period of redemn-
ton. 1t may be considered as carving
WIN IL everything legally appointment
| to the soil, under which / assume undar
ordinary circumstances growing crops
would be included
Yours respectfully.
T. r. KANE
P. S.-The foregoing does not ann]v
| where the process is instituted for the
recovery of the purchase price of the
| property taken.