No cross-replevin or replevin for property in the hands of an officer shall be brought, except as herein provided.
History: C.L. 1897, § 2685 (229), added by Laws 1907, ch. 107, § 1 (229); Code 1915, § 4341; C.S. 1929, § 105-1702; 1941 Comp., § 25-1502; 1953 Comp., § 22-17-2.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Effect of third person claiming right to possession against sheriff. — An action of replevin by a third person, claiming the right to possession, against the sheriff, for the recovery of personal property seized by him under a valid writ of attachment, in the regular discharge of his duties as such, will not lie, either at common law or under the statute. Butts v. Woods, 1888-NMSC-004, 4 N.M. (Gild.) 343, 16 P. 617 (decided under former law).
Law reviews. — For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 66 Am. Jur. 2d Replevin §§ 20, 25, 33.