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6 Dakota 220

Wallace v. Swan

Supreme Court Of The Territory Of Dakota · decided 1889-05-15

Chas. F. Templeton, Judge. This was an action by Sumner Wallace, plaintiff, against James K. Swan, defendant, as sheriff, to recover $850.55, alleged to have been realized by defendant on the sale of certain property plaintiff had previously caused to be attached.

Decided 1889-05-15

By the Court :

¶1The judgment is affirmed, the court being of opinion that the debtor not having elected to claim her exemptions out of the property taken under the first attachment, its lien became superior to that of the second.

All concur, except Templeton, J., not .sitting.
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