Clifton v. . Owens

After stating the case: The levy of the sheriff was not upon personalty, but upon land, as realty; so that if he could have levied upon it as personalty, he did not do so. In order for such a levy to be validly made the personalty must be taken into the sheriff's possession or placed under his control. Gilkey v. Dickerson, 10 N.C. 293; Tredwell v. Rascoe,14 N.C. 50; Smith v. Spencer, 25 N.C. 256. As held in Barden v. McKinnie,11 N.C. 279, the levy of a fi. fa. on chattels vests in the sheriff a special property which enables him to sell them, after the return day, without a ven. ex.; but a…