¶1This case is not distinguishable in principle from Ray v. Harcourt, (19 Wend. 495, 497.) We there held that to constitute a valid levy, the goods should be within the view of the officer, and subject to his immediate disposition and control. They were clearly not so in the case at bar, and the defendants knew nothing of the execution when they purchased. It is not necessary to decide the question whether the levy was good so far as the execution debtor is concerned. It is enough that it be invalid as against the defendants. The judgment must therefore be affirmed.
2 Hill & Den. 666
Van Wyck v. Pine & Pine
Decided May 15, 1842
New York Supreme Court · decided 1842-05-15
P. Van Wyck sued I. & P. Pine before a justice and declared in traver for two oxen, alleging that he had levied upon them, as sheriff, in virtue of an execution against Thompson, to whom they belonged. Issue being joined and atrial had, the justice gave judgment for the plaintiff for $100.
Relies on Ward v. Fryer's
Decided 1842-05-15