Ritter v. Scannell

Citations

• 11 Cal. 238

Syllabus

<p>The lien of an attaching creditor of real estate takes effect immediately upon the levy of the attachment, and the deposit of a copy of the writ, together with a description of the land attached, with the County Recorder.</p> <p>Such lien cannot be divested by the failure of the Sheriff to make a proper return of the writ.</p> <p>Nor is it necessary, where the levy is made by posting a copy of the writ on the premises, that the return of the Sheriff should show that the premises were at the time unoccupied.</p> <p>Our statute prescribes the manner in which real estate may be attached, but contains no express provision requiring that all the acts necessary to a valid levy shall be set out in the return; nor can such a rule be sustained.</p> <p>The deposit in the Recorder’s office of a copy of the writ, with a description of the property attached, is sufficient to operate as notice of the lien to third parties.</p> <p>A mistake in the date of the Sheriff's return may be corrected at any.time.</p>