nor lien for the purchase-money of the real property exempted, nor exempt any property from taxation or from sale for taxes.

718. To what debts Act does not apply. 15. The exemption provided in this Act shall not apply to any debt or contract existing at the time it takes effect, but all householders owing debts growing out of and founded upon a contract, express or implied, existing at that time, shall be entitled to claim and receive the exemption provided by the Act entitled "An Act to exempt property from sale in certain cases," approved February 17th, 1852, and the amendments and the Acts in addition and supplemental thereto.

[1881 S., p. 240. In force September 19, 1881.]

719. Levy and offer to sell. 507. When an execution against the property of any person is issued to the Sheriff, he shall serve said execution upon the defendant or defendants in said county, and levy the same, if not paid, upon property, and make at least one offer to sell property levied upon, within sixty days after such execution comes to his hands, if property can be found, unless otherwise directed by the plaintiff or plaintiffs, or his or their agents. (433.)

1. An ineffectual levy may be abandoned by the officer.-Hutchens v. Hanna, 8 Ind. 533.

2. The defendant in a judgment for alimony is not entitled to exemption.- Menzie v. Anderson, 65 Ind. 239.

3. All property of the defendant is prima facie liable to execution; and so remains until some claim for exemption is interposed.-Terrell v. State, 66 Ind. 570.

4. Mandate will lie at the instance of the wife, to compel a levy upon the husband's property, that she may claim the amount exempt.-Pudney v. Burkhart, 62 Ind. 179. 720. Money may be levied on. 508. Current coin and lawful money, and such bank-notes as the plaintiff is willing to receive as money, may be levied upon and returned on execution, without sale, as so much money collected. (434.).

1. A levy upon property of sufficient value is presumed to be a satisfaction of the debt until it is disposed of.- Barrett v. Thompson, 5 Ind. 457; Frank v. Brasket, 44 id. 92.

2. But it is not necessarily so.-Law v. Smith, 4 Ind. 56.

3. Growing crops are leviable as personalty. Lindley v. Kelly, 42 Ind. 294. 4. The writ first received must be first levied.- Bragg v. State, 30 Ind. 427. 5. No formal levy is necessary in foreclosure.—Ewing v. Hatfield, 17 Ind. 513. 6. The levy of an execution gives to the officer holding it the right of possession in replevin. He may not levy further until the replevin suit is determined.- Stewart v. Nunemaker, 2 Ind. 47; Dunkin v. McKee, 23 id. 447; Lindley v. Kelly, 42 id. 294.

721. Bills, notes, etc. 509. Bills, notes, drafts, and checks, or other evidences of debt, issued by any moneyed corporation or bank, or by this State or the United States, and circulating as money, may be levied upon as personal property, and sold on execution. (435.)

722. Goods pledged, etc., subject to lien. 510. Goods and chattels pledged, assigned, or mortgaged as security for any debt or contract may be levied upon, and sold on execution against the person making the pledge, assignment, or mortgage, subject thereto, and the purchaser shall be entitled to the possession, upon complying with the conditions of the pledge, assignment, or mortgage. (436.)

1. A levy is invalid, if made after the filing of a petition in bankruptcy.- O'Harra v. Stone, 48 Ind. 417.

2. Coin and notes in the hands of a Sheriff or Justice of the Peace, as such, are in

the custody of the law, and are not leviable until the debtor receives them.-Winton v. State, 4 Ind. 321.

3. Goods in the hands of a mortgagor under a void chattel mortgage are liable upon execution at the suit of another creditor.—Letts v. Mobly, 61 Ind. II.

4. Mortgaged goods may be levied upon and sold on execution against the mortgagor subject to the mortgage, and the officer is entitled to the possession of them, even as against the mortgagee, for the purposes of levy and sale.— Sparks v. Compton, 70 Ind. 393.

723. Shares of stock - Sheriff's duties and powers. 511. Shares of stock in any corporation or company may be levied upon and sold in the county where the office and books showing the shares of stock and stockholders of the corporation or company are kept; and the Sheriff shall transfer the stock, subject to the rights of the corporation or company. The Sheriff shall have access to the books of any corporation or company in his county, for the purpose of making the levy; and if refused access, the Court shall enforce the right. The shares of stock subject to be levied upon shall be bound by the execution from the time of the levy; and when such levy is made, the Sheriff shall leave the notice thereof with the officers of the company, and such levy shall constitute a lien upon the stock from the time of such levy. (437)

724. Debt or thing in action, when given up. 512. Any debt or thing in action, legally or equitably assignable, may be levied upon, when given up by the defendant, and sold on execution, in the same manner as other personal property. (438.)

1. An equitable title in real estate is not leviable. Hutchens v. Hanna, 8 Ind. 533. 725. Assignment thereof by Sheriff-Effect. 513. The Sheriff making the sale of any such debt or thing in action shall assign and deliver the same to the purchaser, and the assignment shall have the same effect as if made by the execution-defendant at the time of making the levy thereon, and shall be treated as so made. (439.)

726. Pleading and proof in action thereon. 514. In any action in which such assignment is declared upon or stated, it shall not be necessary to plead or prove any judgment or execution by virtue of which the sale was made, nor to prove the execution of the assignment, unless the same be denied under oath. (440.))

727. First levy on property selected by debtor-Proviso. 515. When any execution shall issue against the real or personal property of any person, it shall be the duty of the Sheriff to levy the same, first upon that part of the property designated by such person, if there be no reasonable doubt that he is the owner thereof, and if designated in time to enable the Sheriff to levy and sell without unnecessary delay. (441.)

1. A levy upon the personalty before levying upon realty is not necessary where the former is so much incumbered as to be unproductive upon sale.- Detrick v. Bank, 6 Ind. 439.

2. The Sheriff is not required to go to the execution-debtor, to get him to exercise the right to designate property to be levied upon; the debtor should go to the officer. Drake v. Murphy, 42 Ind. 82.

3. Matters of opinion or excuse in a Sheriff's return are no part of it, officially, and are not proved thereby. Lindley v. Kelly, 42 Ind. 294. Semble, If a Sheriff have levied on goods, and high water has carried them hence, if such flotsam be any excuse he may set up the fact in defense.- State v. Nelson, 1 Ind. 522.

728. When none designated, levy general. 516. If no property be thus designated, it shall be the duty of the Sheriff to levy the execu

tion upon any property of the debtor which can be found, subject to exe cution. (442.)

729. When insufficient, levy general. 517. If the property thus designated be insufficient to satisfy the execution, the Sheriff shall levy the same upon such other property subject to execution as can be most readily found, sufficient, in addition to the property designated, to satisfy the execution. (443.).

730. Personalty first sold - Exception-Debtor's residence. 518. In all cases where the personal estate of the debtor subject to execu tion is insufficient to satisfy the execution, the real estate shall be exempt from levy and sale until the personal estate is levied upon and sold, unless the debtor shall direct otherwise; and the principal messuage, lands, or tenements of the debtor, or upon which he may reside, shall not be levied upon, unless other property can not be found sufficient to satisfy the execution in the hands of the Sheriff. (444.)

731. Further levies and sales. 544. If the property levied on shall not sell for a sum sufficient to satisfy the execution, the Sheriff shall make a further and sufficient levy, if sufficient property can be found, and proceed as upon the first levy, and return his doings thereon. (470.)

732. Sale for two-thirds appraised value-Exception. 519. No property shall be sold on any execution or order of sale issued out of any Court for less than two-thirds of the appraised cash value thereof, exclu sive of liens and incumbrances, except where otherwise provided by law. (445)

1. One who has acted as an appraiser once is not competent to act again upon the same property, though the first appraisement was void. Bowles v. Stout, 60 Ind. 267. 2. The debtor in a judgment for tort is entitled to appraisement upon property taken in execution.-Smith v. Doris, 58 Ind. 434.

3. A sale made without appraisement, unless so ordered in the judgment, is void.— Doe v. Craft, 2 Ind. 359; Fletcher v. Holmes, 25 id. 458.

4. Appraisement will be presumed where required, the contrary not appearing.Mercer . Doe, 6 Ind. So; Thurston v. Barnes, io id. 289; Evans v. Ashby, 22 id. 15. 5. The appraisement is regulated by the law in force when the contract was made,— Hutchens v. Hanna, 8 Ind. 533.

6. When the date of the contract does not appear, the law of the date of the judg ment controls appraisement.- Indiana, etc., R. R. Co. v. Bradley, 15 Ind. 23.

733. Sheriff to ascertain cash value. 520. The Sheriff, immedi ately upon levying an execution, shall proceed to ascertain the cash value of the property levied upon. (446.)

734. Appraisers -Selection-Duties. 521. For that purpose two disinterested householders of the neighborhood where the levy is made shall be selected as appraisers, one of whom shall be selected by each of the parties or their agent; or, in the absence of either party or his agent, or upon the failure or refusal of either party, after three days' notice by the Sheriff, to make the selection, the Sheriff shall proceed to select the appraisers. They shall forthwith proceed to appraise the property according to its cash value at the time, deducting liens and incumbrances; and in case of their disagreement as to the value, the Sheriff shall select a like disinterested appraiser, and, with his assistance, shall complete the valuation; and the appraisement of any two of them shall be deemed the cash value. (447)

735. Vacancy. 522. In case any appraiser shall fail to act or to com

plete such valuation, another shall be chosen in his stead, as above provided. (448.)

736. Liens and incumbrances, list of. 523. It shall not be the duty of the Sheriff or appraisers to ascertain the amount of liens and incumbrances; but either party may furnish the Sheriff with a list thereof, with the amount and nature of each. (449.)

737. Schedule and valuation. 524. The Sheriff shall furnish the appraisers a schedule of the property levied on, with the incumbrances made known to him, and they shall proceed to fix and set down opposite to each tract, lot, or parcel of real estate, and of the several articles of personal property, the cash value, deducting liens and incumbrances; which schedule they shall return to the Sheriff. (450.)

738. Oath of appraisers. 525. The appraisers shall take and subscribe an oath annexed to such appraisement, to the effect that the property mentioned in the schedule is, to the best of their judgment, worth the sums specified therein; that the same is the fair cash value thereof at the time, exclusive of liens and incumbrances; which oath the Sheriff is authorized to administer and attest, when taken and subscribed by the appraisers. (451.).

739. Purchaser's privilege as to liens-Proviso. 526. Where any property shall be sold subject to liens and incumbrances, the purchaser may pay the liens and incumbrances, and hold the property discharged from all claims of the execution-defendant; or, he may hold the property subject to be redeemed by the execution-defendant, his heirs or assigns, by paying to the purchaser, his heirs or assigns, the purchasemoney, with interest. When redeemed, the purchaser shall have the growing crops, and shall not be accountable for rents and profits, but he shall account for waste: Provided, That nothing contained in this section shall deprive a party from the right to redeem when authorized by statute. (452.)

740. Duty of Sheriff as to unsold property. 527. When any property levied on remains unsold, it shall be the duty of the Sheriff, when he returns the execution, to return the appraisement therewith, stating in his return the failure to sell and the cause of the failure. (453.)

1. An execution under this section issues whenever property levied upon by a former writ remains unsold.- Dawson v. Jackson, 62 Ind. 171.

2. Lands levied upon may be sold subject to liens and incumbrances.- Thurston v. Barnes, 10 Ind. 289; Holmes v. Bybee, 37 id. 262.

3. Rents and profits of real estate levied upon must be appraised, when appraise ment is required.— Brownfield v. Weicht, 9 Ind. 394; Davis v. Campbell, 12 id. 192; Indiana, etc., R. R. Co. v. Bradley, 15 id. 23.

741. Lien of levy to continue - Limit-New writ. 528. The lien of the levy upon the property shall continue; and the Clerk, when directed by the plaintiff, shall forthwith issue another execution reciting the return of the former execution, the levy and failure to sell, and directing the Sheriff to satisfy the judgment out of the property unsold, if the same be sufficient; if not, then out of any other property of the debtor subject to execution; but such lien as to personal property shall continue only for thirty days (unless a second execution be issued thereon) from the time of said return, at which time it shall be released as to bona fide purchasers for value and as to the levies of writs on other judgments, and the levy shall, as between the parties, be deemed vacated; and as to real

property, after six months, the levy of such writ shall be discharged. (454) 742. Re-offer-Costs-Re-valuation. 529. Whenever any property levied upon remains unsold for want of buyers, the plaintiff may cause the same to be re-offered at any time before the return-day of the execution, at his costs, as often as he may direct; but in case of the sale of the property, the costs of such offer and sale shall be taxed against the defendant. Either party may have a re-valuation of the property, at his costs, after any offer to sell. (455.)

743. Fraud-Sale without appraisement. 530. Property conveyed by a debtor, with intent to hinder, delay, or defraud creditors, shall be sold without appraisement. (456.)

744. Delivery-bond. 531. Any personal property taken in execution may be returned to the execution-defendant by the Sheriff, upon the delivery by the defendant to him of a written undertaking, payable to the execution-plaintiff, with sufficient surety, to be approved by the Sheriff, to the effect that the property shall be delivered to the Sheriff at a time and place named in the undertaking, to be sold according to law, or for the payment to the Sheriff of the appraised value thereof, or when the same has not been appraised, then of the fair value of the same. (457.)

1. In a suit upon a delivery-bond made payable by mistake to the officer, the bond may be reformed so as to make the execution-plaintiff the obligee therein. Bell v. Tanguy, 46 Ind. 49.

2. In such action, no more than enough to pay the execution, with ten per cent. damages, can be recovered.- Hunter v. Brown, 68 Ind. 225.

3. A joint action may be maintained upon a bond executed to different execution. creditors whose writs have equal priority, against the same debtor.- Koeniger v. Creed, 58 Ind. 554.

4. Giving a delivery-bond does not estop the debtor in exemption.- Eltzroth v. Webster. 15 Ind. 21.

5. A bond given upon a second levy, the first being disposed of, is a nullity.Miller v. Ashton, 7 Blackf. 29.

745. Appraisement, when pre-requisite. 532. Before the Sheriff shall deliver any part of the property to the defendant, he shall cause it to be appraised in the manner prescribed by law, when an appraisement thereof is required; and the defendant may sell or dispose of the property, paying the officer the full appraised value thereof. (458.)

746. Non-delivery-Duty of Sheriff. 533. In case of the non-delivery of the property according to the undertaking, it shall be the duty of the Sheriff to levy upon and sell the same, or any other property of the defendant, as soon as practicable, at any time before the return-day of the execution. (459.),

747. Return of forfeiture. 534. Upon the forfeiture of the written. undertaking, the officer shall forthwith return it, indorsed "forfeited," to the Clerk's office, for the use of the plaintiff. (460.)

748. Action on bond - Damages. 535. Such undertaking shall be valid in law, and an action had thereon whenever the condition thereof is broken; and on recovery, the value of the property so taken, with damages not exceeding ten per cent. on the value, shall be assessed in favor of the plaintiff. But the recovery shall not exceed the amount due on the execution, and ten per cent. on the principal. (461.)

749. Execution without stay-Return in thirty days. 536. On judgment obtained on such written undertaking, execution shall issue forth