¶1I agree with the register in the conclusions reached, and much of the reasoning by which he arrives at them. Had the execution been levied on the property prior to the marshal seizing, the lien would have held good even against the proceeds in the bankruptcy court, as decided in Wilson v. City Bank of St. Paul [17 Wall. (84 U. S.) 473]. This case affirms the view taken in a very early ease decided in this court. The judgment of the register is affirmed, and the claim allowed as unsecured.
23 F. Cas. 1273
In re Tills
U.S. District Court
Decided July 1, 1875
U.S. District Court · decided 1875-07-01
On December 28th, 1872. Nehemiah Holmes, since deceased, recovered judgment against Tills & May before the recorder of Kansas City, ex-officio justice of . the peace within the city, for one hundred and fifty-six dollars and thirty cents. On January 16th, 1873, execution issued on said judgment and was placed in the hands of the city marshal, who had the powers of a constable within the city limits. The execution was never actually levied on any property of Tills & May.
Decided 1875-07-01