Page:Federal Reporter, 1st Series, Volume 3.djvu/26

 DOWS i;. BKSTBONE. 19 �DoTvs and others vs. Ekstronb. (Circuit Court, D. Minnesota. June, 1880.) �1. "Wakbhoitsemak — Rechipt Holders— Fbaud — Equitable RaLrar. — When a ■warehouseman, having in store a quantity of wheat deposited by several persons, for which, under the statuts, he issues receipts to eacli depositor, fraudulently disposes of part of the wheat, the receip* holders must share in what remains according to the equitable interest of each, to be ascertained by an accounting. �Eeplevin brought by the plaintiffs against the defendant, who is sheriff of one of the counties of Minnesota, to recover possession of a quantity of wheat which the plaintiffs claim as their property. The defendant justifies the taking as sheriff, and shows that he seized the wheat by virtue of several writs of attachaient against one Harris, who, defend- ant alleges, was the owner. A jury was empanelled, and after the plaintiffs' testimony was ail in, and after argument by counsel, the opinion of the court was announoed as follows: �Davis, O'Brien d Wïlson, for plaintiffs. �Stroheck e Plumley, for defendant. �McCbakt, C. J. It is evident that the case tums upon a question of law which arises upon the admitted facts, which are as follows : Harris was a warehouseman, and also a dealer in wheat, his place of business being at Litchfield, Minne- sota. He received grain for storage and issued warehousa receipts for the same, which receipts, under the statute of the state, were negotiable, and were evidence of title to the wheat named therein. Eev. St. of Minn., 1879, p. 1013, The plaintiffs hold such receipts for about 12,000 bushels of wheat. The plaintiffs in the attaehment suits hold other certificates, calling for several thousand bushels in addition. Harris, the warehouseman who issued the receipts, either never received in store ail the wheat represented as received, or, after re- ceiving it, he sold or disposed of a portion of it. �Just prior to the commencement of this suit he absconded, leaving in his warehouse only about 3,000 bushels of wheat to meet the outstanding receipts, or only about one-fifth the ����