Taffts v. Manlove

Citations

• 14 Cal. 47
• 1859 Cal. LEXIS 236

Syllabus

<p>A whit of attachment is effectual to change the title of personal property, only from the time of levy.</p> <p>A levy may be good as against the defendant in the writ, and not good as to third persons. The conduct of the defendant may make the levy good, by way of waiver, or estoppel, or agreement.</p> <p>As to third persons, there can be no levy when the officer does not know the subject of the levy—as where he stands at the door of a store, which is locked, and keeps others out. The levy dates from the time he gets into the store and takes possession.</p> <p>After a petition and schedule in insolvency are filed, the control and dominion of the insolvent’s property are transferred to the Court. And a creditor cannot, after such filing, certainly not after the order staying proceedings, seize the property. The order operates by its own force from its date, and no notice need be given of it to a Sheriff with a writ against the insolvent.</p> <p>Attachment issues against H. and the Sheriff proceeds with the writ to his store) which is locked and fastened, front and rear, by iron shutters. The Sheriff, with his Deputy, stands at the doors, guarding all entrance. H. now files his petition and schedule in insolvency, and the usual order of stay of proceedings is made. H. returns to the store and advises the Sheriff of these things. The Sheriff threatens to break open the store, when H. gives him the key, and he enters and levies. Held, that the Sheriff had no right to levy, and that the property vested in the assignee' of the insolvent, subsequently appointed, by relation, from the filing of the petition and schedule.</p>