Young v. Long

Citations

• 124 Wash. 460
• 214 P. 821
• 1923 Wash. LEXIS 907

Syllabus

<p>Sheriffs and Constables (14) — Wrongful Levy — Liability— Property of Third Person. A sheriff being liable for the wrongful acts of his deputy, he is a trespasser if his deputy levies upon property of a third person as the property of the defendant.</p> <p>Same (20) — Wrongful Levy — Right of Action — Election. Upon a wrongful levy upon property not belonging to the defendant, plaintiff has a choice of remedies and may sue the sheriff for a conversion without resorting to the proceeding of claim and delivery under Rem. Comp. Stat., §§ 707-717.</p> <p>Same (22) — Wrongful Levy — Action Against Officer — Pleading — Liability. In an action against a sheriff for a wrongful levy on property not belonging to the defendant, the complaint need not allege that he is a sheriff, but may be sued in his individual capacity.</p> <p>Same (14, 24) — Wrongful Levy — Ownership—Evidence—Sufficiency. In an action against a sheriff for a wrongful levy upon an automobile as the property of plaintiff’s husband, plaintiff’s own-, ership is a question for the jury, where it appears that the car Was purchased in Minnesota by the husband for $650 and his personal note, secured by mortgage, for a balance of $500, and the plaintiff testified that the $650 was her money, that her money paid off the chattel mortgage, which was released and a bill of sale taken in her name, she having purchased the car for her own use on the advice of a physician, and that she notified the officers of her ownership when it was attached.</p>