Tower v. McDowell

Citations

• 3 Cal. Unrep. 714
• 31 P. 843
• 1892 Cal. LEXIS 1070

Syllabus

<p>Execution.—Where, in Trover Against a Sheriff, who claimed to hold by virtue of a levy under an execution, plaintiff introduced in evidence the execution under which defendant justified the taking, and his return thereon, showing the levy and sale and amount received from such sale, the exclusion of oral testimony as to what the property sold for is not harmful to the defendant.</p> <p>Execution.—Where It Appeared by the Sheriff’s Return on an execution that a levy under it was not made until after the expiration of the life of the execution, such levy by a sheriff is without jurisdiction.</p>