Leitch v. Owings

Robinson, J., delivered the opinion of the Court. This was an action of replevin instituted by the appellant against the appellee, who avowed the taking of the goods for rent in arrear for certain premises demised by him to one Matilda Leitch. From the evidence, it appears that the tenant, Matilda Leitch, kept a boarding house on the premises, and by a bill of sale duly executed and recorded, conveyed the goods taken under the distress warrant, to the appellant, her son, who, together with his family, boarded with her. The goods however seized under the distress, consisted of furniture in general use by the whole household, and not the furniture used by the appellant or his family as boarders, for his or their exclusive use, and the question is', whether the goods thus taken were liable to be distrained, or were exempt under the provisions of the Act of 1868, chapter 173.

The Act in question provides that “the following property shall be exempt from distress, to wit: Every spinning-wheel, loom or sewing-machine, which may be loaned or hired to the tenant, and every horse, carriage and harness * * * * in any livery stable * * * * and all property of any boarder or sojourner at any hotel, tavern, public and private boarding house,” &c. The appellant insists that