Duckstein v. State

Nichols, Presiding Judge.

1. In order to constitute a levy, the seizure of the property, either actual or constructive, and not the intent to seize, is the final test of the completion of the levy. See Moore v. Brown &c. Furniture Co., 107 Ga. 139, 144 (32 SE 835), and citations.

At the time the purported levy was made in the case sub judice, the deputy sheriff did not enter the building but merely placed a “notice” of levy on one door of the building without viewing the property within the building, without making an inventory of such property, and without doing or saying anything to manifest…