Page:Federal Reporter, 1st Series, Volume 4.djvu/603

 ; BTBEBS «. DANIBIi. '689 �built anfl fixed with brick and mortar. The buïïdings, ex- cept one frame house with rooms, were mere sheds to protect the coTïipress and machinery, the lots being enclosed with 'a f enee. He used the whole in his business of compressing cot- ton baies. This press and machinery he purchased of the plaintifïs, largely on à credit, under a written contract found in the record, and under which the plaintiffs constructed the establishment. The leases contained the usual covenants for renewal, for forfeiture for non-payment of rent, taxes, etc. and also one that at the end of the term, ail rent and taxes being paid, Daniel might remove the improvements. �On the sixth of June, 1878, one Dawson, a defendant in this suit, recovered on the law side of this court two judg- ments against Daniel, aggregating $5,629, upon which writs of fierifacias issued July 5, 1878, and they were by the mar- ehal, on the ninth of July, 1878, levied "upon the leasehold interest of E. G. Daniel in and' to lots 516, etc., (describing them by metes and bounds, and length oî term, date of leases, etc.,) and also the interest of R. 0. Daniel in and to the Moïse Improved Tyler cotton compress, with ail its appurtenances and belongings, located in and upon said lots. " . The indorsement of the levy was accompanied by a more 'minute description of the leases and ground which was at- tachëd to the writ. The marshal advertised the property for eale in a newspaper, gave notice' of the levy and sale to one S arah E. Berry, an occupant of the rooms in the building, and posted notices upon the premises 'and at the court-house, as f ully described in his return to the writs. At the titoe he made the levy, the marshal, accompanied by the attorney of the execution plaintiff, went upon the premises, found the gates shut, the machinery idle, and the rooms formerly used as an office occupied by a woman and ber children They entered, and the naarshal declared his levy, notified the woman of it, and beeause the place seemed in danger of fire, by reason of the combustible character of the sheds and material about the press, the attorney agreed to pay the «xpenses of a watchman, and one was placed in charge. It is Btated, by both the marshal and attorney, that the ����