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Court Services Division Manual / Volume 6 - Civil Management Bureau (CMB) / Manual of Civil Procedure / 6-19/000.00 Writ of Attachment / 6-19/210.00 Seizure Levies in General

6-19/210.30 Joint Tenancy


6-19/210.20 Possession of Third Party
6-19/210.40 Liability of Levying Officer

In levying on the defendant's  interest in personal property held in tenancy in common or joint tenancy by the defendant and another, the levying officer shall seize the whole, if the property be in the defendant's possession.  The officer has no authority to partition the property; however, the officer may sell only the defendant's interest in the whole of the property.  (Fonda v. Fidelity& Deposit Company, 40 CA APP 2nd 830- refers to Veach v. Adams, 51 CA 609 (1877); Conolley v. Power, 70 CA 70 (1924))