First National Bank v. Kinslow

The controlling question on this appeal is whether section 689 of the Code of Civil Procedure providing for the filing of a third party claim applies to executions against real property claimed by a third person. Said section as in force during the times herein involved is as follows:

“Third Party Claims. Undertaking. If the property levied on is claimed by a third person as his property by a written claim verified by his oath or that of his agent, setting out his right to the possession thereof, and served upon the officer making the levy, such officer must release the property if the…