Monks & Miller, Inc. v. Fein

Citations

• 125 Wash. 230
• 215 P. 525
• 1923 Wash. LEXIS 1002

Syllabus

<p>Execution (28)—Levy—Mode of Making—Personal Property— Rights of Third Persons. As against a vendee or creditor of the defendant, the acts essential to a valid levy upon defendant’s property must he proved with greater strictness than would he necessary as against the defendant.</p> <p>•Same (28)—Levy—Mode of Making—Personal Property— \Manual Delivery\.” Under Rem. Comp. Stat., § 659, requiring that a levy upon personal property capable of manual delivery must he by taking it into custody, it is not a valid levy as against a subsequent bona fide purchaser from the defendant, for the sheriff to view the chattels in the presence of the defendant at his home, and, without touching them, to warn the defendant that they must not be moved and would be sold, and 'to leave them in defendant’s possession upon his stating that they would not he moved.</p> <p>Same (28)—Levy—Mode of Making—Personal Property—Defendant as Agent of Sheriff. In such a case, the defendant did not become the agent of the sheriff for the purpose of holding the property, although defendant stated, when warned not to move it, that “it would be there, it would he safe with him”; as the same cannot he construed as a promise to hold it for the sheriff.</p>