Page:Federal Reporter, 1st Series, Volume 6.djvu/44

 32 FEDERAL REPORTER. �sheriff, permitted'Mitchell to take possession of the attached property, sell the same, and with the proceeds, on the elev- enth day of January, 1877, pay Wilson and Wolf s debt in full; that on the last-named day it was agreed by the parties, no other crediter having then become a party to the attachment proceedinga, that the suit should be at once dismissed; but, by neglect, the same was not done until af ter the first day of February, 1877, when the relator filed his complaint, affidavit, and bond, as aforesaid, and the attached property was thus sold, the debt of Wilson and Wolf paid, and the agreement for the dismissal of the suit and attachment proceedings entered into in good faith, and without any knowledge that the re- lator or any other crediter intended to file thereunder. �The tenth paragraph of the answer is in substance the same as 'the ninth. �There is a demurrer to the ninth and tenth paragraphs of the answer. �Section 165 of the Indiana Code makes a writ of attach- ment a lien upon the property of the attachment defendant from the time it is delivered to the sheriff. Section 186 authorizes any creditor of the defendant, upon filing the proper affidavit and bond, to become a party to the action and at- tachment proceeding at any time before the final adjustment of the suit. Section 187 declares that a dismissal of the action or proceeding in attachment shaH, not operate as a dismissal of the action or proceeding of any subsequent attaching cred- itor. Section 192 declares that the money realized from the attached property, after paying ail costs and expenses, shall be paid to the several creditors in proportion to the amount of their several claims. �In Shirk v, Wilson, 13 Ind. 129, it was held that the claims of other creditors filed under an attachment suit are liens from the time the original writ was placed in the hands of the sheriff, �The records in the clerk's office showed that Wilson and Wolf s suit in attachment was pending, and that the sheriff had levied on property of the attachment defendants when Eice filed his complaint, affidavit, and bond. The plaintiffs ��� �