Monarch Sales Co. v. Vollmer

This proceeding is brought pursuant to section 696 of the Civil Practice Act, to determine the title to personal property levied upon by the Sheriff of Nassau County under an execution upon a judgment recovered by petitioner. The third party claimants, named as respondents in this proceeding, have asserted a claim of title to the property levied upon, which is based on a voluntary surrender to them by the judgment debtor, antedating the sheriff’s levy, under the provisions of a chattel mortgage then in default.

The third party claimants-respondents urge as a preliminary objection that this…