New York Court of Appeals

The Yates County National Bank, Respondent v. Zeno T. Carpenter, Impleaded

March 18, 1890119 N.Y. 550

Summary

The Court held that a dwelling-house and lot purchased with pension money are exempt from levy and sale on execution under § 1393 of the Code of Civil Procedure, reversing the General Term and affirming the County Court's order. The exemption applies when the pension proceeds can be directly traced to the purchase of necessary property, but is lost if the funds are mingled in trade.