First National Bank of Linn Grove v. Kindwall

I. The plaintiff sued out a writ of attachment, which the sheriff purported to levy upon the defendant-debtor’s land on August 2, 1924. On August 9th, following, the debtor-defendant executed a mortgage to the inter-vener, upon the same land, to secure a preexisting debt. The claim of invalidity of the levy of the attachment contended for by the intervener is that the procedure adopted by the sheriff was not legally effective to work a levy. What the sheriff did in making such purported levy was to make upon the incumbrance book the entry provided for by Section 3899 of the Code of 1897.- He…