Page:North Dakota Reports (vol. 2).pdf/462

 each it appears that certain articles of property are mentioned; followed by the statement that such articles are mortgaged; giving the name of the mortgagee and the amount secured, Five different mortgages are mentioned in that manner. Then follows a list of articles about which nothing is said. The last article in each list is described in the following language: “One mortgage from Thomas Larkin, $650, assigned to B. F. Gannon as collateral security.” The value of the entire list as appraised, less the incumbrances stated, was less than $1,500. It is undisputed that respondent first claimed all the property on the list; and his counsel contended in this court that as the value of all of the property, less the incumbrances thereon, did not exceed $1,500, respondent was entitled. as against the execution, to ho!d the entire amount asexempt. The learned trial court instructed the jury, however, that the exemptions must be selected without reference to the incumbrances; and this charge, not being challenged, must stand as the law of this case. By a fair construction of respondent’s testimony, however, he swears that his last demand before bringing this action was for what he denominates the “free property” on the appraisement. This is contradicted, but the jury, in returning any verdict for respondent under the instructions, must have so found. Appellant contends that a selection of the “free property” was too vague and uncertain to constitute any legal selection, and that no burden could be thrown upon him to decide what was or what was not “free property.” It is undoubtedly the law that the debtor's selection of exemptions must be so specific and certain that the officer will be appraised of the exact claim made (Zielke v. Morgan, 50 Wis. 560, 7 N. W. Rep. 651; Thomp. Homest. & Ex. § 820 et seq.;) and such were the instructions of the court in this case. But the selection made by the respondent fulfills the legal requirement. Appellant had the appraisement in his possession, and he was bound to know on what property he had levied under the execution. Upon the appraisement, certain property was designated as mortgaged, and certain other property was assigned as collateral. The balance was listed without comment, and the term “free property,” used in connection with the appraisement, could mean nothing else than property that appeared on such appraisement as unin-