Launtz v. Gross

It is only necessary to decide one question involved in this controversy. The personal property in regard to which the litigation arose was sold on an execution issued October 10, 1882, and levied April 26, 1883. Section eight of chapter 77 of the Revised Statutes provides that executions shall be made returnable ninety days after the date thereof. The rule is that the lien of an execution, except as to property levied upon, ceases with the return day of the writ. After that time, when no seizure has been made, the writ, whether returned by the officer or held in his hands, is functus officio…