Edwards v. Walker

This is a claim to property by a third person tried out before this court pursuant to section 696 of the Civil Practice Act, as added by chapter 352 of the Laws of 1936. This amendment constitutes a decided step forward in the determination of such controversies. Previously the sheriff could impanel a jury to try the validity of the claim. If the jury found for the claimant, then the officer could relinquish the levy. However, if the jury determined that the debtor owned the property, the claim was not finally determined, and if the sheriff sold the chattels, the claimant could still sue in…