23 Iowa 453 | Iowa | 1867
If the levy was good under the statute the case'should be reversed, otherwise, affirmed.
To this inquiry we address ourselves.
The writ of attachment, addressed to the sheriff, commanded him to attach “ two lots of tobacco, raised on the farm of George W. Crawford, and supposed to be in his barn at the time.”
The return which the sheriff made upon the writ was as follows:
“Received this writ February, 1865, at nine o’clock A. m., and, on same day, I served same by attaching the property described within.
“ W. Ti Spearman, Sheriff, etc.”
But, it is insisted, that, as between the parties to the writ of attachment, the above levy would be effectual and valid. Whether it is so or not, must be determined from what is required by the statute as to the mode of levying the attachment. Upon this point, we are not without express statutory direction.
To constitute a valid, operative attachment levy under the provisions of the statute, the officer should do that which would amount to a change of possession, or something that would be equivalent to a claim of dominion, coupled with a power to exercise it.
Nothing of this kind was done, and we cannot but think that the levy, on that account, was inoperative, and that the court, therefore, did not err in its instructions to the jury. As sustaining our view of this question, we refer to 10 Ohio (O. S.) 488; 7 Ala. 619; 29 Ga. 710; 4 Dallas, 213, 358; 15 Johns. 428.
Affirmed.