Schievelbein v. Boos

The question presented in this appeal concerns the validity of a purported levy made upon an automobile which was subject to an outstanding mortgage. The plaintiff, claiming that the levy was invalid, brought this action against the sheriff and his bondsmen for damages. The trial court held the levy was valid. Plaintiff has appealed.

A Sioux Falls bank held a mortgage on the automobile here involved and other personal property of B. L. Bruñe. The mortgagor being in default the bank started foreclousre proceedings by advertisement, which were restrained and an action commenced. The circuit…