Allen v. Larson

(On petition for rehearing.) Defendant and respondent has filed a petition for rehearing insisting that the court overlooked the question as to whether the property attached in the instant case was in custodia legis. The facts in the case show that it is not.

As a matter of course if the property is in the possession of the court awaiting the determination or decision of the court on the right thereto, it is then, as stated by Judge Wallin in the case of Woodhull v. Farmers’ Trust Co. 11 N. D. 157, 90 N. W. 795, 95 Am. St. Rep. 712, “in the eye of the law, regarded as the possession of the…