Horn v. Corvarubias
51 Cal. 524 | Cal. | 1876
The answer admits that the property was in the possession of the plaintiff when it was attached by the sheriff.
An officer who seizes property in the hands of a debtor may justify under the writ of attachment simply; but if he takes it from the possession of a third person, he must prove not only the attachment, but also the proceedings on which it was based. (Thornburg v. Hand, 7 Cal. 554.)
Order reversed and cause remanded for a new trial.