"Third. For work and material used in constructing improvements thereon." 1945 Under the statute a homestead is exempt from any form of enforced sale for the payment of debts, whether the title is in the husband or wife.46 § 1608. Exemptions not to apply, when "The exemption herein provided for must not be construed to apply to the following persons, namely: "First. To a non-resident. "Second. To a debtor who is in the act of removing his family from the state; or, "Third. Who has absconded, taking with him his family." " § 1609. Exemption of personalty not to apply, when "None of the personal property mentioned in this chapter shall be exempt from attachment or execution for wages of any clerk, mechanic, laborer or servant." 48 § 1610. Pensions "There shall also be exempt from levy and sale upon execution or attachment to every resident of this state who became disabled in the service of the United States as a soldier, sailor or marine, all pension money hereafter received belonging to such soldier, sailor or marine." 49 § 1611. Ministers' libraries "All libraries and office equipment of ministers of the gospel actively engaged in ministerial work in the state of Oklahoma, where said libraries and office equipment are being used by said ministers in their ministerial work, shall be deemed to be used exclusively for religious purposes and are declared to be within the meaning of the 45 Rev. Laws 1910, § 3346. 46 Alton Mercantile Co. v. Spindel, 140 P. 1168, 42 Okl. 210. As used in section 303, Williams' Const., providing that the homestead shall be protected from forced sale, etc., "protect" means to insure or shield from danger, harm, damage, trespass, or the like; defend, or to preserve in safety.-Gray v. Deal, 50 Okl. 89, 151 P. 205. 47 Rev. Laws 1910, § 3344. 48 Rev. Laws 1910, § 3347. 49 Rev. Laws 1910, § 3348. 'term religious purposes' as used in section 6 of article 10 of the constitution of the state of Oklahoma.” 50 § 1612. Motor vehicles-Claiming exemption-Damages "Automobiles and other motor vehicles shall not be exempt from attachment, execution and other forced sale." 51 It is not the duty of an officer levying a writ to select and set apart the property exempt to the judgment debtor or his family.52 Where the wife of defendant in attachment desires to claim property as exempt to the family, she should inform the officer holding the process of the particular property claimed." Where personalty reserved to the family exempt from attachment or execution for payment of debts is attached and sold for the debt of the husband, and he fails to claim such property as exempt, the wife may make such claim and sue for a conversion thereof." Where a United States commissioner, after issuing an execution, absented himself from his district so that the judgment debtor could not give notice of his claim of exemption, and at the execution sale the debtor gave notice thereof, he can recover possession from the purchaser.5 55 A petition, alleging that plaintiff and defendants were residents of the state, that defendants conspired together to defraud plaintiff of his rights under the exemption laws by bringing an action in another state and garnishing his wages earned within 60 days, states a cause of action for damages against both defendants.50 Provision is made by law that no real estate belonging to any benevolent corporation, including chartered fraternal, grand and subordinate lodges and societies, "and no trust fund, or increment thereof, or any funds derived directly or indirectly from the mortgage, or pledge thereof, shall ever be liable, or in any manner taken for indebtedness, debts, charge, or lien of any nature whatsoever, contracted by said corporation, directly or indirectly, in, through, 50 Sess. Laws 1915, p. 228, § 1. 51 Sess. Laws 1913, p. 9, § 1. 52 Sale v. Shipp, 58 Okl. 598, 160 P. 502. by or on account of said business enterprises contemplated by * * * this act, or any transaction growing out of the same, and provided that the real estate, buildings and personal property, consisting of household goods, farming implements and domestic animals necessary for the ordinary conduct and operation' of the institution shall be exempt from taxation." "7 § 1614. Order to appear-Forms "When an execution shall have been returned unsatisfied, the judgment creditor may file an affidavit of himself, his agent or attorney, in the office of the clerk, setting forth that he has good reasons to, and does, believe that any person or corporation, to be named, has property of the judgment debtor, or is indebted to him, and thereupon the clerk shall issue an order, requiring such person or corporation to answer, on or before a day to be named in the order, not less than ten nor more than twenty days from the date of issuing the same, all interrogatories that may be propounded by the judgment creditor, concerning such indebtedness or property." 11 58 AFFIDAVIT BY JUDGMENT CREDITOR FOR GARNISHMENT WHEN EXECUTION RETURNED UNSATISFIED (Caption.) the and being duly sworn, on oath says that he is judgment creditor in the above entitled action, and that execution has been issued against said defendant and returned unsatisfied, that he has good reason to, and does, believe that and within the county of -, has property of the defendant and is indebted to him. Wherefore affiant prays that said garnishee be required to appear and answer concerning same. Subscribed and sworn to before me this A. D. 19—. 57 Sess. Laws 1913, p. 125, § 2. Exemption for legal process of benefit derived from fraternal insurance association under Rev. Laws 1910, § 3498, may be invoked by beneficiary whether a resident or nonresident of the state. State v. Collins (Okl.) 174 P. 568, 6 A. L. R. 603. 58 Rev. Laws 1910, § 5211. (Caption.) ORDER TO ANSWER IN GARNISHMENT The State of Oklahoma to Whereas, the above named : judgment creditor herein, has filed his affidavit alleging that he has good reasons to believe and does believe that you have in your possession or control, property of, or are indebted to, the judgment debtor above named: Now, therefore, you are hereby ordered to appear before said court at the court house of said county in the city of day of, 19—, at -, in said o'clock. m., county, on the then and there to answer concerning such indebtedness or prop erty. Witness my hand and the seal of said court this 19—. day of § 1615. Priorities between executions "When two or more writs of execution against the same debtor shall be sued out during the term in which judgment was rendered, or within ten days thereafter, and when two or more writs of execution against the same debtor shall be delivered to the officer on the same day, no preference shall be given to either of such writs; but if a sufficient sum of money be not made to satisfy all such executions, the amount made shall be distributed to the several creditors in proportion to the amount of their respective demands. In all other cases, the writ of execution first delivered to the officer shall be first satisfied. And it shall be the duty of the officer to endorse on every writ of execution the time when he received the same; but nothing herein contained shall be so construed as to affect any preferable lien which one or more of the judgments, on which execution issued, may have on the lands of the judgment debtor." 59 Where two judgment creditors have not for more than a year after judgment caused executions to issue, the one of them who thereafter first issues and levies his execution has priority over the other.60 59 Rev. Laws 1910, § 5155. 60 Atchison Sav. Bank v. Wyman, 69 P. 326, 65 Kan. 314. § 1616. Attachments and executions-Who may levy "It shall be unlawful for any one to levy an attachment or execution within this state who is not a bonded officer." 61 § 1617. Void when otherwise levied "Any attachment or execution issued to, or levied by anyone other than a bonded officer shall be void and of no effect and the court clerk or justice of the peace, or clerks of the justice of the peace issuing same, or officer levying same, as the case may be, together with their bondsmen shall be liable for any damage caused thereby." 62 . Provision is made by statute for punishment for the violation of the above provisions.** § 1618. The levy "The officer to whom a writ of execution is delivered, shall proceed immediately to levy the same upon the goods and chattels of the debtor; but if no goods and chattels can be found, the officer shall endorse on the writ of execution, "No goods," and forthwith levy the writ of execution upon the lands and tenements of the debtor, which may be liable to satisfy the judgment; and if any of the lands and tenements of the debtor which may be liable shall be incumbered by mortgage or any other lien or liens, such lands and tenements may be levied upon and appraised and sold, subject to such lien or liens, which shall be stated in the appraise ment." 99 64 Executions can only be levied by bonded officers.65 In levying an execution on standing corn, the officer need only take such possession as the nature of the property will admit, and it is sufficient if he go to the premises and do some unequivocal act, which as nearly as practicable amounts to seizure, and indorses the levy on the writ.ee A sheriff, after using reasonable diligence to find chattels, may 61 Sess. Laws 1919, c. 139, § 1. 62 Sess. Laws 1919, c. 139, § 2. 63 Sess. Laws 1919, c. 139, § 3. 64 Rev. Laws 1910, § 5156. 65 Sess. Laws 1919, p. 199, §§ 1-4. 66 National Bank of Holton v. Duff, 94 P. 260, 77 Kan. 248, 16 L. R. A. (N. S.) 1047, 127 Am. St. Rep. 417, 15 Ann. Cas. 882. |