45 N.Y. 379 | NY | 1871
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An attachment issued in an action pursuant to section 227 of the Code, is not a lien upon the property of the debtor, either real or personal, until the property is levied upon by the officer by virtue of such process. (Burkhardt v. McClellan,
Court of Appeals, March, 1862; 15 Abb., 243, note; Leonard v.Vandenburg, 8 How., 77.) For the purpose of a levy of an attachment upon real estate, it is not necessary that the officer should go upon or even see the land. (Burkhardt v. McClellan,supra; Perrin v. Everett,
Chief Judge, ALLEN and ANDREWS, JJ., concur; PECKHAM, J., dissents; FOLGER, J., did not hear the argument; RAPALLO, J., did not vote.
Judgment affirmed.