Hamilton v. Love

The defendant in error had an attachment issued and levied on land of the plaintiff in error. The entry of levy appearing from the record is: “I have this day levied the within attachment on the following described real estate as the property of W. F. Hamilton, to wit: [description omitted.] This 18th day of November, 1936. Notice in writing given to W. M. Nicholson and Roy Ward, tenants in possession on this date.” The plaintiff in error filed a motion to dismiss the attachment, on the ground “that there has been no overt act of seizure or constructive seizure on the part of the levying…