Auby v. Rathbun

Citations

• 11 S.D. 474
• 78 N.W. 952
• 1899 S.D. LEXIS 21

Syllabus

<p>1. Where an officer merely states to the debtor that he comes to levy on his property, at the same time giving the debtor a written notice, and stating that the sheriff will probably never come for the property, and the officer assumes no control over the property, either by himself or another, the levy is insufficient.</p> <p>2. A statement made by a deputy sheriff, while making a levy, that the sheriff will probably never come for the property, is part of the res gestee, binding on the sheriff.</p>