an appraiser, the same shall be selected by the officer holding the execution.

1. The defendant may claim his exemption at any time before sale in ordinary cases, and at any time before judgment in attachments.- State v. Manly, 15 Ind. 8.

2. A resident householder can not claim land as exempt when the title thereto is in his wife. Holman v. Martin, 12 Ind. 553.

3. When the defendant ceases to be a resident of this State, exemption ceases, and the property exempted may be seized and sold.--Finley v. Sly, 44 Ind. 266.

4. Property set off as exempt is discharged from the lien of the execution.- Godman v. Smith, 17 Ind. 152; Maxedon v. State,.24 id. 370.

706. Schedule and appraisement. 4. Such appraisers shall proceed forthwith to make a schedule of the real and personal property selected by the debtor, describing the real estate by metes and bounds, and the personal property by separate items, affixing to each the value they may agree upon; and they, or a majority, shall affix to the schedule so made, an affidavit in substance as follows: "We the undersigned swear that, in our opinion, the above is a just valuation of the property therein described."

1. One set-off in exemption answers only to the execution under which it is made; to another writ, there must be another set-off.-Finley v. Sly, 44 Ind. 266.

2. The surrender of property upon an execution, on the giving of a delivery-bond therefor, does not bar exemption.- Eltzroth v. Webster, 15 Ind. 21.

707. Return of officer - Re-appraisement - Costs. 5. Such schedule shall be delivered to the officer holding the execution or other process, and shall be by him returned with such execution or other process, and made a part of such return: Provided, That all second or subsequent appraisements, under this Act, shall be at the cost of the party or parties. asking the re-appraisement, unless the property of the debtor, at the time of the re-appraisement, is appraised at enough over and above the legal exemption to meet said costs.

708. Debtor to pay appraiser's fee. 6. Each appraiser, for his services, shall be allowed the sum of fifty cents, to be paid by the execution-debtor.

709. Duty of officer, when personalty only is claimed. 7. If the debtor claim as exempt from execution personal property only, the officer holding the execution shall cause the same to be appraised and set apart to the debtor, and shall proceed to sell such other property, if any, as may be liable to the execution, according to law.

710. Duty, when claim includes personalty and realty. 8. If the claim of the debtor, as exempt from execution, include both real and personal property, the officer holding the execution shall proceed to have the personal property appraised and set apart to the debtor, and then to have the real property claimed appraised, and if the amount of both appraisements exceed six hundred dollars, the debtor may, within sixty days thereafter, pay the excess or an amount sufficient to satisfy the execution; but if he fail to do so, the officer shall proceed to, sell the real property as other real property is sold on execution, if the execution authorize the sale of such property. In making the sale, he shall receive no bid unless it exceed the difference between six hundred dollars and the appraisement of the personal property so set apart to the debtor. If the officer sell the real property, he shall pay over to the debtor the amount of said difference, and of the remainder apply upon the execution enough to satisfy it, and

pay the balance, if any, to the debtor, or to such other party as may be entitled to it.

711. Duty, when claim is for realty only. 9. If the debtor claim as exempt from the execution real property only, it shall be appraised; and if its appraised value exceed six hundred dollars, it shall be sold, if there is a bid for more than six hundred dollars. If sold, the officer shall pay to the debtor six hundred dollars, and the remainder of the purchasemoney shall be disposed of as provided in the last preceding section.

712. Real property, how divided. 10. In all cases in which real property is claimed as exempt from sale on execution, and said real property is susceptible of division by metes and bounds without material injury thereto, it shall be so divided as to exempt the principal dwelling-house or homestead of the debtor.

713. Debtor must make and deliver a schedule. II. Before a debtor shall receive the benefit of the exemption provided by this Act, he shall make out and deliver to the officer holding the execution a schedule of all his property, as now required by law, in case an exemption from sale on execution is claimed.

[1861, p. 119. In force July 5, 1861.]

714. Verified schedule required. 1. Before any person shall be entitled to the benefit of the provisions of the above recited Act, he shall make out and deliver to the Sheriff or other officer having the writ, an inventory of all of his or her real estate, within or without this State, money on hand or on deposit within or without this State, rights, credits, and choses in action, and all personal property of every description whatever belonging to him or in which he had any interest at the date of the issuing of the writ, and make and subscribe an affidavit to the same that such inventory contains a full and true account of all such property as required in this Act to be set out in the said inventory, had or held by him at the time such writ was issued; and if any such property has been disposed of by him since the issuing of the writ, such affidavit shall show that fact, and how the same has been disposed of, and what disposition he has made of the proceeds; and until such inventory and affidavit shall be turnished to such officer, he shall not set apart any property to the execution-defendant as exempt from execution.

[1879 S., p. 127. In force May 31, 1879.]

715. Wife may act in husband's absence. 12. In any case when the execution-defendant is absent from this State, or shall absent himself from his home, and an attachment or execution shall be directed against his property, his wife may make out and verify the schedule of his property, and claim and receive for him the exemption provided in this Act, and claim and exercise all the rights which would belong to her husband were he present.

13. No

716. When husband's mortgage of realty invalid. mortgage or sale of any real estate exempted under the provisions of this Act shall be valid if executed by a married man, unless the mortgage or deed be signed and acknowledged by the wife in due form of law.

717. No exemptions against mechanics' liens, etc. 14. The exemption under this Act shall not affect any laborer's or mechanic's lien,

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. 11.

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 execution. (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 execution 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, exclusive 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 v. Doe, 6 Ind. 80; 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, immediately 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