Page:Federal Reporter, 1st Series, Volume 2.djvu/196

 OEANK V. PBNNT. 189 �$2,000, payable one day after date; one dated July 1, 1875, for $1,000, payable one day after date; and one dated May 1, 1876, for |2,000, payable one day after date. The sum- mons in each action was dated July 9, 1877, and was served on William G. Penny, the secretary and treasurer of the cor- poration, at the city of New York, on the tenth day of July, 1877. The complaints were verified July 21, 1877, and the judgments were entered by default. On the twenty-fifth day of July, 1877, the judgments were docketed in the office of the clerk of Eockland county, and on the same day executions were issued to the sheriff of that county, with instructions to levy. On the twenty-sixth of July the attorney for the judg- ment crediter instrueted the sheriff not to levy till he re- ceived further instructions. Levies were not made, as to part of the property, till August 28th, and as to the residue till August Slst; the attorney having given instructions to levy on the fourteenth of August, which were countermanded on the eighteenth of August, and not renewed tUl the twenty- seventh of August. The adjudication in bankruptcy was on the tenth of September, 1877, upon the petition of creditors, which appears, by the officiai certificate of the clerk, to have been filed on the thirtieth of August, but which the defend- ants claim was not in fact or in law filed till after the sec- ond levy was made, on the thirty-first of August. This dif- ference, as to what is to be considered the proper date of filing, is unimportant, for reasons hereafter stated. �The claim that the executions became dormant by reason of the instructions given to the sheriff not to levy, and that, therefore, the levies are to be considered void as against the assignees in bankruptcy of the judgment debtor, is clearly not well founded. By the statutes of New York the goods and chattels of the judgment debtor are bound by the execution from the time it is issued to the sheriff to be exeduted, although no levy is made, except as against bona fide pur- chasers for value and subsequent judgment creditors. This lien of the executions is a lien which is preserved by the bank- rupt law, if it is existing at the time of the filing of the peti- tion. In re Hall, 18 N. B. E. 1 j In re Stockwell, Id. 14e. ����