Sherman & Davis v. Union National Bank

Citations

• 66 Miss. 648

Syllabus

<p>1. Attachment. Void levy on land,. Code 1880, $ 2424.</p> <p>Where land is not wild, uncultivated or unoccupied, and an officer having an attachment against the owner does not go to the “ house or land of the defendant, or to the person or house of the person in whose possession the same may be,” and declare a levy as required by \\ 2424 of the code, but merely indorses a return that he has attached the land, giving a description, the levy is void and creates no lien. Oates v. Flint, 39 Miss. 365, cited.</p> <p>2. Same. Void judgment. Collateral attack by third person.</p> <p>Execution on a judgment of condemnation based on such a levy is void, and may be enjoined by a third person having a mortgage on the land sought to be sold; and this, although the mortgage lien was acquired subsequent to the levy. Henderson v. Thornton, 37 Miss. 448, cited.</p>