Clarence I. Anthony, Appellant v. Frances L. Wood, Respondents

Summary

The New York Court of Appeals reversed the lower courts, holding that a sheriff's levy under §649 of the Code of Civil Procedure does not create a lien on a promissory note when the legal title to the note has been transferred before the levy, and that a levy is not deemed to have occurred until the sheriff actually takes the instrument into his custody. Accordingly, the foreclosure judgment was entered in favor of the plaintiff.