First National Bank v. Hagan

Citations

• 16 Wash. 45
• 47 P. 223
• 1896 Wash. LEXIS 8

Syllabus

<p>EXECUTION LEVY—CLAIM OF THIRD PERSONS—TRIAL OF TITLE—PROOF OF OWNERSHIP.</p> <p>In a summary proceeding instituted under Code Proc. § 491, by a claimant of property levied upon by the sheriff as the property of another, under an affidavit alleging ownership and right to immediate possession in claimant, the claimant is entitled to prove that he was in possession of the property and was holding it as security for an indebtedness due him from the execution defendant, and is not confined to proof of absolute ownership. (Silsby v. Aldridge, 1 Wash. 117, distinguished.)</p>