Page:North Dakota Reports (vol. 3).pdf/113

 it will be most convenient to notice the points that this second demand was for all the goods appraised, or, if not, that there is no evidence of the appraised value of such as were demanded. Respondent, as a witness for himself, in speaking of the second demand, says: “I demanded the property from defendant after this appraisement was made, and he refused.” Because this wit- ness had just been speaking of the entire appraisement, appellant assumes that “the property” refers to all the property. This is certainly unwarranted. Respondent had brought his action to recover certain specific property. He had already shown that at one time he demanded the identical property for which suit was brought. Then, after speaking of the appraisement, he says he demanded the property after such appraisement. But there is no intimation that this demand differed in any respect, as to the property covered, from the first; and that the first demand did not include all the property appraised is perfectly clear from the record. The schedule of property claimed as exempt is in the abstract. The appraisement was introduced in evidence, but is not embodied in the abstract. The amount of the appraisement is given as $1,526.03 in merchandise, and $708.80 in notes and accounts. An examination of the list of property claimed as exempt shows that it contains a list of merchandise, and notes and accounts. One Shepperd, salesman for Dodson, Fisher & Brockman, and a witness for appellant, testified that at the time of the levy two-thirds of the stock were goods that he had sold to respondent as agent of Dodson, Fisher & Brockman; in other words, goods of the value of more than $1,000 belonged to that class. But the witness also testified that of the goods claimed as exempt about $200 were purchased from his firm. From this it follows that goods of the value of $800, at least were appraised which were not claimed as exempt. Nor is there any support for the claim that there was nothing before the trial court to show what value the appraisers placed upon the property claimed as exempt. True, there is nothing before this court from which the amount can be ascertained, because the appraisement was not