Skavdale v. Moyer

Citations

• 21 Wash. 10
• 46 L.R.A. 481
• 56 P. 841
• 1899 Wash. LEXIS 231

Syllabus

<p>ESTOPPEL — EFFECT OF TESTIMONY IN ANOTHER ACTION — WHEN PARTY NOT CONCLUDED.</p> <p>The fact that, in an action by claimants of the right of title in a boom of logs which had been levied upon as the property of an individual member of a co-partnership, some of the members had testified that in their opinion the claimants were owners, under a written contract between claimants and the co-partnership, would not estop the co-partnership from subsequently asserting its ownership when the judgment in the original action had been against the right of ownership in the claimants.</p> <p>EXECUTION — LEVY ON PARTNERSHIP PROPERTY FOR ONE PARTNER’S DEBT -CONVERSION.</p> <p>When a sheriff levies upon-specific personal property belonging to a partnership as the property of one co-partner, his levy is void, and the partnership may maintain an action against him for conversion, since § 5271, Bal. Code, providing for levy upon an individual partner’s interest, does not authorize the sheriff to deprive a co-partner in any way of his interest in the property.</p> <p>SAME-WHEN SHERIFF ESTOPPED TO DISPUTE VALUE.</p> <p>Where a sheriff has wrongfully seized property and holds the proceeds of sale thereof in a certain sum, he cannot, in an action against him for conversion, set up the defense that the property was of less value.</p> <p>(Dunbar, J„ dissents.)</p>