Padley v. State

Citations

• 29 Del. 585
• 6 Boyce 585
• 102 A. 60
• 1917 Del. LEXIS 32

Syllabus

<p>1. Execution—Custody of Property—Criminal Offenses—“Secrete.” Under Rev. Code 1915, § 4756, making it a misdemeanor to secrete, destroy, or remove from the county where it is situated any property levied upon or seized under execution, where a deputy sheriff left goods levied on under execution in the possession of the execution debtor, he had a right to expect to find them when he came to look for them, and their removal to places several miles distant where he probably would not be able to find them was a secreting of the goods, though they were not destroyed or removed outside the county.</p> <p>2. Execution—Custody of Property—Criminal Offenses.</p> <p>Under Rev. Code 1915, § 4756, as to secreting property levied on under execution, it is an offense to secrete such property, though the goods levied on were owned by a third person and were not the property of the execution debtor, as the statute contains no exception, and Section 4186, authorizing an action of replevin for goods seized under execution by the owner of such goods not being the defendant in the execution, provides a proper and adequate remedy for third persons whose goods are seized under execution.</p> <p>3. Constitutional Law—Execution—Custody of Property—Criminal Offenses—Due Process of Law.</p> <p>¡P1 Rev. Code 1915, § 4756, construed as making it an offense to secrete, desstroy, or remove goods levied on under execution, though not owned by the execution debtor, does not violate Const. U. S. Amend. 14, as the property is seized under due process, and any third person claiming ownership may have the question of ownership determined in a proper and appropriate action.</p>