National Bank v. Duff

Citations

• 77 Kan. 248
• 94 P. 260
• 1908 Kan. LEXIS 252

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Execution — Levy upon Personal Property — Seizure. In making a levy of execution upon a field of standing corn the officer need take only such possession as the nature of the property will permit. He need not do that which, but for the writ, would make him a trespasser. It is sufficient if he go to the premises, there do some open and unequivocal act which as nearly as practicable amounts to a seizure, and indorse the levy on the writ.</p> <p>2. - Sufficient Levy on Growing Crops. In this case a writ of execution was issued against the property of a man and his wife. The man owned a field of standing corn. The officer went to the neighborhood of the corn, found the wife, her husband being away, read the execution to her, and told . her he intended to take the corn. The officer then went to the corn-field with a witness and posted at a public corner of the field a notice that the corn was taken on execution and was in his possession. The levy was duly indorsed on the writ. Held, a sufficient levy.</p> <p>3. -Retaining Possession. It was not essential to the validity of the levy that the officer should station and keep a guard over the field.</p>