Question juridique clé
Whether the cantonal surveillance commission committed a formal denial of justice by failing to decide on the wife's request to declare the seizure of the mortgage note void.
Solution extraite
Yes. The commission had to address the wife's explicit request and could not refuse to rule merely because the complainant had not challenged that part of the seizure.
Motifs extraits
If the wife's ownership claim was unclear, the seizure could be maintained pending revendication proceedings; if it was manifest and undisputed, the seizure of third-party property was null and had to be set aside ex officio under Art. 22 LP. The commission ignored this alternative and therefore failed to decide on a material request.