53 P. 495 | Ariz. | 1898
On the twentieth day of March, 1897, Henry Menager brought suit by attachment against Richard Farrell, in the district court of Pima County, to recover the sum of $2,116.42, with interest. The sheriff made a levy of this writ of attachment in the following manner upon defendant’s cattle of the OIL brand, which were running at large on the
He assigned as error, first, that “the court erred in holding that the attempted levy of the writ of attachment on the cattle of the OIL brand was a good and valid levy”; that “the court erred in holding that the lien established by the levy under said writ was prior to the lien under the chattel mortgage of intervener, and valid as against such chattel mortgage.” The levy of the attachment was made under the provisions of subdivision 3 of section 9 of act No. 20 of the Session Laws of the fifteenth legislative assembly of Arizona. The method of levying on cattle running at large on the range is therein prescribed as follows: “A levy upon horses, mules, jacks, jennets, horned cattle or hogs, running at large in a
The law plainly states that in making this kind of levy a copy of the notice, that has been served on the owner, herder, or agent, of such levy, attached to the writ, must be filed with the recorder, and no lien is created upon the property until that requirement is complied with. The case appears to have.
■ Street, C. J., and Sloan, J., concur.