Section 4.27 Attaching Wrong Property
| Library | Creditors' Remedies (2009 Ed. + 2014 Supp) |
B. (§4.27) Attaching Wrong Property
If the sheriff levies on property not owned by the defendant, the owner has a cause of action against the sheriff. Klie v. Wellman, 175 S.W. 267 (Mo. App. E.D. 1915). While the plaintiff is not automatically liable for the sheriff's wrongful acts, this liability may attach if the sheriff's actions are directed, ratified, or consented to by the plaintiff. Id. Because the plaintiff's attorney will usually have to direct the sheriff to the defendant's property and identify...
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