Logsdon v. Spivey

Citations

• 54 Ill. 104

Syllabus

<p>1. Levy upon personal property—whether valid. To constitute a valid levy of an execution, upon personal property, the property must, at the time of the levy, be in the control of the officer, and he must, within a reasonable time, take it into his possession, unless the debtor shall tender a delivery bond; he must so deal with the property that, without the protection of the writ, he would be a trespasser. This is the rule as between successive levies under different executions in favor of several creditors, or where the debtor sells the property after a levy has been endorsed.</p> <p>2. But as between the officer and the debtor, or the personal representatives of the latter, it is not essential to the validity of the levy, that the propertj' should be taken possession of by the former. If, after endorsing the levjr, the officer should leave the property with the debtor, it would be, like a defectively executed chattel mortgage, binding between the parties, but void as to creditors and purchasers.</p> <p>3. Same—of a levy after the death of the debtor. Where an execution comes to the hands of the officer in the lifetime of the debtor, it becomes thereby a lien upon the personal property of the latter, subject to execution, and though the debtor should die before any further steps have been taken, the officer may proceed to make the levy, and it will be binding upon his representatives, and his creditors, if he have any.</p> <p>4. Lien of levy on personal property—its duration. The levy of an execution upon personal property does not cease to bind the property at the end of ten days after the return day, but the officer may proceed to sell under the levy after that time, without regard to what has become of the 'writ.</p> <p>5. And the rule in that regard is the same whether the levy was made by a sheriff, who could be compelled to make the sale, by writ of venditioni exponas, or by a constable,Imder a judgment rendered by a justice of the peace, who has no power