Practice question
A nondebtor proves a genuine ownership claim over levied property. The execution creditor insists that merely naming an asset in the debtor’s inventory conclusively proves debtor ownership and bars any separate action. Which is best?
- An inventory conclusively creates title
- Every third-party claim is necessarily spurious
- The sheriff may privately adjudicate every title forever
- Levy reaches the debtor’s actual interest, and Section16 preserves proper separate vindication of a third person’s claim
- Any third-party allegation automatically defeats every execution
Legal references
- Rule39 Sections12 and16: https://lawphil.net/courts/rules/rc_1-71_civil.html
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