Ritter v. Scannell
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. This was a proceeding to enjoin the sale of certain real property under execution.
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Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. This was a proceeding to enjoin the sale of certain real property under execution. It appears that an attachment was levied on the premises on the thirteenth day of November, 1854, and a copy of the writ deposited in the Recorder’s office on the same day, with the foEowing return endorsed upon it: “ By virtue of the within writ I have, this thirteenth day of November, 1854, attached all the right, title and interest of the within named defendants, Isaac M. Merrill and Russel Warren, in and to all that…
1Opinion of the Court
Did the acts of the Sheriff before the ninth day of December create a lien in favor of the attaching creditor ? The answer to this must depend entirely on the statute. The first subdivision of sec. 125 of the Practice Act is as follows :
“ Real property shall be attached by leaving a copy of the writ with *240the occupant thereof; or if there be no occupant, by posting a copy in a conspicuous place thereon, and filing a copy, together with a description of the property attached, with the Recorder of the County.”
There is nothing here about the return of the Sheriff being necessary to create the…
Also in this document: Concurrence.
2Cases cited3 opinions
- Williams v. AmoryMassachusetts Supreme Judicial Court · 1817
- Egery & Hinckley v. BuchananCalifornia Supreme Court · 1855
- Jackson ex dem. Hill v. StreeterNew York Supreme Court · 1826
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- Hibberd v. SmithCalifornia Supreme Court · 1885
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