Page:Federal Reporter, 1st Series, Volume 6.djvu/43

 STATE OF INDIANA. V, BALDWIN. 81 �Wolf began an action in attachment in the Grant circuit court against Isaac Crosslet, John B. Graves, Samuel Pugh, and Daniel Mitchell ; that on the same day the writ of attachment which came into the hands of Lancaster D. Baldwin, as sheriff, was levied by him on a lot of lumber, shingles, and laths, of the value of $5,000, the property of the attachment defendants ; that on the first day of Pebruary, 1877, while the suit and attachment; prooeeding ■were still pending and undisposed of, the relator, Charles Bice, filed his complaint, affidavit, and bond in attachment, under the proceeding of Wilson and Wolf, and became en- titled to the benefit of the same; that on a subsequent day Wilson and Wolf appeared in open court and dismissed their action and attachment ; that thereaf ter, to-wit, on the twenty- sixth day of September, 1877, Eice recovered judgment against the attachment defendants on his cp,use of actionfor $3,619.94, and at the same time obtaiued an order for the sale of the attached property, and an application of the proceeds to the payment of his debt ; that without the authority or orders of the court Baldwin allowed the attached property to be taken from his custody and to be wasted, sold, and otherwise dis-" posed of, and failed and refused, upon proper demand, to deliver the same to his successor in officp to be sold under the order of the court ; and that Baldwin and the sureties on his bond are liable to the relator for the value of the attached property. �In the ninth paragraph of their answer, after admitting the commencement of the action and proceeding in attach- ment by Wilson and Wolf, and the levy by Baldwin on the lumber, shingles, and laths, under the writ of attachment, as stated in the complaint, the defendants aver that before the relator filed his complaint, affidavit, and bond, and attempted to become a party to the original proceeding, Wilson and Wolf and the attachment defendants agreed that one Mitcbiell, the agent of the attachment defendants, sbould take possession of the attached property, sell the same, and apply the proceeds to the payment of Wilson and Wolf 's debt ; that, by direction of Wilson and Wolf and the attachment defendants, Baldwin, the ��� �