Peoples' Bank of Madison v. Deweese ( 1911 )

In response to the Petition for Rehearing we hold:

First: That the levy of the execution did not create a lien as the legal title to the land levied on was not in the execution defendant. The remedy of the judgment creditor was to have an execution returned “No property found”, and proceed under section 439 of the Civil Code.

Second: That the effect of the judgment appealed from was to dismiss the action.

Petition for rehearing overruled.