Nelson v. Fightmaster

• Decision Date: 13 February 1896
• Citation: 4 Okla. 38,44 P. 213,1896 OK 26
• Parties: GEORGE NELSON v. JOHN FIGHTMASTER, Sheriff of Oklahoma County.
• Court: Oklahoma Supreme Court

1896 OK 26

44 P. 213

4 Okla. 38

GEORGE NELSON v. JOHN FIGHTMASTER, Sheriff of Oklahoma County.

Supreme Court of Oklahoma

Decided: February 13, 1896

Error from the District Court of Oklahoma County.

Syllabus

¶0 1. EXEMPTION--Law Liberally Construed. Exemption laws being remedial, beneficial, and humane in their character, will be liberally construed And when it does not clearly appear whether certain property is or is not embraced within the exempting statute, the debtor will generally be allowed the benefit of the doubt, and suffered to retain the property.

2. SAME. Under a statute exempting "one yoke of work oxen" a two year old steer, and a two year old bull, which have been yoked together a few times, and are being kept anti intended by the owner for work oxen, are within the intent and purpose of the statute, and are exempt.

3. SAME--Rule Applied. Under a statute exempting "five milch cows" it appeared that the debtor owned two cows, which were giving milk, and three two year old heifers with calf, which had never been milked, but were being raised, kept, and intended for family use as milch cows; held, that the heifers are exempt.

4. SAME. A well boring apparatus and derrick, used for hire, and only occasionally used on the farm, is not exempt, under a statute exempting all implements of husbandry used on the homestead.

Redick, Lewis & Snyder, for plaintiff in error.

R. R. Connella, for defendant in error.

BURFORD, J.:

¶1 The only question presented by the record in this case is as to the proper interpretation of our exemption laws.

¶2 The plaintiff in error was the head of a family and a resident householder of Oklahoma county at the time of bringing this action. He was the owner of certain personal property which was levied upon by the sheriff to satisfy an execution issued out of the probate court of said county. Plaintiff claimed certain property as exempt, and began his action by injunction in the district court to restrain the sale of such property. The cause was tried by a referee, who found for the defendant, and the court confirmed the report, and gave judgment accordingly

¶3 The referee's finding as to the property in controversy shows that plaintiff was a head of a family, a householder, and a farmer, residing in Oklahoma county. That he was the owner of one sulky or cart, three horses, one bull, one two-year-old steer, three two-year-old heifers, two milch cows, one kettle, one well drill, two hundred bushels of wheat, over two hundred bushels of oats, and nine or ten hogs.

¶4 That the sheriff levied on fifty bushels of wheat, one hundred bushels of oats, and all the other property except two horses, two milch cows, and the hogs.

¶5 The only property in controversy in this court is the three heifers, the bull and steer, and the well drill. The referee further found that the bull and steer had at times had the yoke on; had been yoked a few times, but never worked. That the bull was used for breeding purposes, though the intention of plaintiff was to make work oxen of them, and that he had no other oxen.

¶6 That the three heifers were about two years old, had never been milked, but were with calf, and plaintiff intended to keep them for milch cows. That the well drill was at times used on the farm, but its particular use was for boring wells for other persons for hire.

¶7 He further found that none of this property was exempt. We are called upon to determine the correctness of this holding.

¶8 Section 2844, Statutes of 1893, is as follows:

"The following property shall be reserved to the head of every family residing in the Territory exempt from attachment or execution and every other species of forced sale for the payment of debts, except as hereinafter provided:

"First. The homestead of the family.

"Second. All household and kitchen furniture.

"Third. Any lot or lots in a cemetery held for the purpose of sepulture.

"Fourth.All implements of husbandry used upon the homestead.

"Fifth. All tools, apparatus and books belonging to and used in any trade or profession.

"Sixth. The family library and all family portraits and pictures and wearing apparel.

"Seventh. Five milch cows and their calves under six months old.

"Eighth. One yoke of work oxen, with necessary yokes and chains

"Ninth. Two horses or two mules and one wagon, cart or dray.

"Tenth. One carriage or buggy.

"Eleventh. One gun.

"Twelfth. Ten hogs.

"Thirteenth. Twenty head of sheep.

"Fourteenth. All saddles, bridles and harness necessary for the use of the family.

"Fifteenth. All provisions and forage on hand, or growing for home consumption; and for the use of ex erupt stock for one year.

"Sixteenth. All current wages and earnings for personal or professional services earned within the last ninety days."

¶9 Mr. Justice Brewer, in Mallory v. Berry, (16 Kan. 293,) said:

"It is well settled that exemption laws are to be liberally construed, though not of course that they should be so construed as to exempt articles obviously outside of the legislative purposes."

¶10 Mr. Freeman, in his valuable work on executions, in speaking of statutes of this character, appropriately says: (See § 208.)

"Because of their meritorious purposes and their remedial character, the courts have generally treated them with the utmost consideration, and have been inclined to extend rather than to restrict their operation. Hence, the rule is well supported, and is constantly growing in favor that exemption laws being remedial, beneficial and humane in their character, must be liberally construed. Whenever this rule prevails, and it does not clearly appear whether certain property is or is not embraced within the exempting statute, the debtor will generally be allowed the benefit of the doubt, and suffered to retain the property. Doubtless the corals will always distinguish between enacting and construing, and not undertake to supply omissions made by the legislature. This will not bind them to a literal interpretation, nor prevent them from realizing objects clearly within the purpose of the act, though not literally within its terms. Thus though a statute exempted a yoke of oxen, or a cow, or a team of horses, the courts will not construe these terms so literally as to deny the exemption of a steer, heifer, or unbroken colt, of which the debtor has become possessed in his efforts to obtain a yoke of oxen, a cow, or a horse, as the case may be; for the purpose to exempt these under the circumstances is sufficiently manifest, though the literal words of exemption are not coextensive with the signification given to them."

¶11 Applying these rules to the case under consideration what is the result? Our statute exempts "one yoke of work oxen, with necessary yokes and chains." The referee found that the bull and steer had been yoked a few times prior to the levy, and it was the intention of the plaintiff to keep them for a yoke of work oxen; but he further finds that they had never been "worked," hence, they were not "work oxen." We think this application of the law defeats the purpose of the act, and not in harmony with the intent and purpose of the legislature.

¶12 The purpose of the law is to exempt to the husbandman a pair of cattle, to be used for work; cattle of the class suitable for oxen, and that will make work oxen, and which it is the evident purpose of the claimant to use for that purpose. These cattle are of an age to enable them to do considerable work. They had been yoked and were intended for work cattle, and because the plaintiff had not yet brought them to that degree of control where ...