Page:Federal Reporter, 1st Series, Volume 4.djvu/605

 6TEEBS V. DANIEL. 691 �issued by Hon. John Baxter, I return this writ without fur- ther proceedings hereunder." �On the same day, August 7, 1878, the plaintiffs in this suit, Steers & Co., filed their attachment bill in the state ehancery court, claiming a mechanio's lien for the unpaid purchase money due them, and sued out an attachment, which, com- ing into the hands of the sheriff, was levied upon the lease- hold and other property. Prior to the levying of this attach- ment, and on the eighth of August, Warinner, the attorney for Steers, had gone to the marshal (according to his testi- mony) to know of him whether he vould, under the circum- stances, persist in a sale, intending, he says, to enjoin Da'w- son if he did so persist. The marshal told him he had not determined, but would let him know. The marshal subse- quently said to him: "I have removed my watchman; you can take the property and do what you please with it. " He then notified the officer, and the attachment from the state court was levied, The marshal says, substantially, that he did not tell Warinner that he could do what "he pleased with the property," but only that "he had withdrawn his watch- man." He further says that he did not intend to abandon his levy, but only to return his writ in aûcordance with the "order" of Judge Baxter, and prOceed no further un til instruc- tions from the court could be prooured. He says when he received the clerk's "order" he advised with Boston, the attorney for the execution crediter, and a sked what he should do. Boston told him the "order" was unauthorized, and warned him not to abandon his levy ; told him the leasehold was real estate, and it was not necessary to keep the watchman in charge; advised him to withdraw the watchman, as he would not guaranty the expense of keeping him, and retuni the writ, with a statement of his reasons for doing so, and await instructions from the court. �After the epidemie of 1878, by decree in the state court, Daniel was put in possession as a quasi receiver, ànd author- ized to work the press. On November 22, 1878, he executed to Warinner a trust deed to secure Steers & Co., and on same day a ti-ust deed to the defendant Fre€man,to secure his siB« ����