Green v. Coit

Citations

• 81 Ohio St. (N.S.) 280

Syllabus

<p>Levy upon order of attachment on real property — Duty of levying officer under Section 5537, Revised Statutes — Description of property reqtiircd by Section 5528, Revised Statutes.</p> <p>1. Section 5537, Revised Statutes, which provides that “The officer shall return upon every order of attachment what he has done under it, and the return must show the property attached,” makes it necessary that the return shall show all the essential things the officer has done in the execution of the writ, and shall so describe the property as to identify it.</p> <p>2. The provisions of Section 5528, Revised Statutes, which make it the duty of the officer who undertakes to levy the order of attachment on real property to leave with the occupant thereof, or if there is no occupant in a conspicuous place thereon, a copy of the order, are mandatory requirements, and a return which fails to show compliance with these requirements, and fails to so describe the property as to identify it, is insufficient to give to the court out of which the writ issued dominion over the property.</p> <p>3. A statement intended as a description which merely describes the property as “Building and land $800.00, lot about 25 ft. by 75 ft.,” does not show compliance with the requirement of statute that “the return must show the property attached.”</p>