Security-First National Bank v. Pierson

SHENK, J.

Fourteen saddles, nineteen bridles, fifteen saddle blankets, three hackamores, and packing equipment, of a value less than $1,000, were seized from the possession of the defendant under a writ of execution to satisfy a deficiency judgment against him. The defendant moved to

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discharge said personal property from the levy and seizure on the ground that it was exempt from execution pursuant to the provisions of section 690, subdivision 3, of the Code of Civil Procedure. The motion was granted and the plaintiff prosecutes this appeal.

The only question to be determined is whether the trial court correctly decided that said personal property is of a character to entitle the defendant to the exemption under that section. The defendant is the owner and operator of a 1500 acre ranch upon which he resides with his family. The acreage is devoted in part to vineyard, orchard, alfalfa and grain. .The defendant also raises cattle, and at the time of the levy there were about 84 head of cattle being cared for on the ranch. It is also shown that in the summer months the ranch was operated as a “Dude” ranch for the entertainment of paying guests. During that season horses, and the saddlery and equipment under seizure, were at the disposal of the guests for their use in horseback riding excursions, in the daily activities on the ranch and otherwise.

Subdivision 3, section 690 of the Code of Civil Procedure provides that the following property is exempt from execution or attachment: “The farming utensils or implements of husbandry of the judgment debtor, not exceeding in value the sum of one thousand dollars; also two oxen or two horses or two mules, and their harness, one.cart or buggy, and two wagons, and food for such oxen, horses or mules, for one month ...”

The defendant contends that the saddles, bridles, saddle blankets, packing equipment, etc., are implements of husbandry and therefore exempt from execution. He cites no authority to that effect, but it is claimed that this' is so because the saddlery and equipment are used on horses which are ridden by the defendant and his employees in rounding up the cattle and otherwise in the discharge of the numerous activities and duties essential in the raising of stock on a 1500 acre ranch.