Peacock Hardware Co. v. Allen

(After stating the foregoing facts.)

It is provided in the Civil Code, § 5157, that when any sheriff or other officer shall levy an execution or other process on property claimed by a third person not a party to the execution, such person, his agent, or attorney shall make oath to the property; but certainly the right to file such a claim does not continue indefinitely. No one would suppose that a claim to property could be filed after the property had been levied upon and sold, and it would seem to the writer that a claim would be too late in any case when the property was no longer in the…