12-1559. Levy of writ of execution; real
property; personal property; livestock; shares of stock;
partnership interests
The officer to whom the writ is directed shall make the levy as follows:
1. To levy on real estate it is sufficient that the officer endorse the levy on the
writ of execution and record with the county recorder of the county where the real
property is situated a copy of the writ with the endorsement of levy thereon.
2. To levy on personal property the officer shall take possession when the
defendant in execution is entitled to the possession. When the defendant in execution
has an interest in personal property but is not entitled to possession of the property, a
levy shall be made by giving notice of the levy to the person who is entitled to
possession, or to one of them when there are several.
3. To levy upon livestock running at large on a range and which cannot be herded or
penned without great inconvenience and expense, it is sufficient that the officer
designate, by reasonable estimate, the number of animals, describing them by their marks
and brands or either. Such levy shall be made in the presence of two or more persons,
and notice of the levy shall be given in writing to the owner or his herder or agent, if
residing within the county and known to the officer making the levy. A copy of the writ
and the return shall be recorded by the officer with the county recorder of the county
where the levy is made.
4. To levy on personal property which, by reason of its bulk or other cause, cannot
be immediately removed, it is sufficient that the officer, within three days after the
levy, record with the county recorder of the county in which the property is located a
certified copy of the execution and of the return of the levy thereon.
5. To levy on the stock of a corporation the officer shall proceed as provided in
section 47-8112.
6. To levy on the interest of a partner in partnership property the officer shall
leave notice with one or more of the partners or with a clerk of the partnership.
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