A Treatise On The Law Of Liens PDF Download

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ...of securing a bona fide indebtedness. The mortgage was accepted in good faith as a security by the creditors. Say the court, ' by Day, J., "A mere paper levy is void. The officer should take actual possession, but removal of the goods is not absolutely necessary; yet there must be actual control and view of the property, with power of removal.' The levy must be so made that it identifies or gives the means of identifying what is levied on, so that any property levied on may be made chargeable to the officer; and property not levied on cannot be subsequently claimed. But in the case at bar, while the patterns remained locked up in the building, and the key in possession of the debtor, they were not subject to the actual control of the officer, nor had he the power of removal. True the officer had the physical power to break I Rix v. Silknitter, shE., 10 N. W. Ia. 653. Rorer on Judicial Sales, 1002, 1003, 1005; Haggerty v. Wilbur, 16 Johns. 287; Allen v. McCal1a, 25 Ia. 487; Carcyv. Bright, 53 Pa. St. 84; Duncan's appeal, 37 id. 500; Ray v. Harcourt, 19 'eml. 495; Van '_u-la v. Pine, 2 Hill, 666; Cawthorn v. lIc('rav, 'J Ala. 519; Mmhu-n v. Str_vl;er, 1 Edm. Sol. (Jas. 356; Loysdon v. Spivey, 54 Ill. 104; Lowry v. Couler, '.) Pa. St. 349. open the building and assume control of the property." Not taking or exercising such power and control, the levy was void. The property must be present, so that the officer can and does assume and claim to exercise control over it by virtue of the writ; or, if he makes an inventory of it, and declares he will remove it unless a receiptor is given.' Manual interference with the property by actually taking it into the possession of the officer by...