Page:North Dakota Reports (vol. 3).pdf/278

 the name of appellant against respondent, and a writ of attachment procured and delivered to the sheriff, who immediately levied it upon the property. This was known to respondent before the hour fixed for the sale. At the sale the property was bought by David Jones, in his own name, but with money furnished entirely by respondent. Soon after the sale, appellant reached Forman. It is proper here to state that respondent's debt to appellant was for lumber purchased, and appellant had it secured by mechanic's lien. When appellant and respondent met at Forman, appellant began to upbraid respondent for getting his (appellant's) men to bring the attachment action and thus invalidate the mechanic's lien, and declared that he would hold the property until he was secured. Appellant then testifies, in detail, that respondent not wishing to have further expense, asked him to release the attachment, saying that he would turn the property over as a pledge until he got other sufficient security. To this appellant agreed, and the attachment was released, and the horses and harness, and, under the advice of Mr. Ellsworth, the buggy also, were turned over to David Jones, as pledge holder for appellant. A careful scrutiny of the testimony fails to disclose that any other witness says anything about a pledge. All of the other witnesses seem to have understood that the team and harness were held by virtue of the purchase of David Jones at the sheriff's sale. David Jones testifies: “I bid the team in for the interest of John R. Jones. I bid it in myself, in my own name.” “I bid the team in for John R. Jones. I held the team by that bid. I hold the team.” “I said, at the time I purchased this property, I purchased in the interests of John R. Jones.” “It was to be given back by myself or John R. Jones, to him, [Taylor;] no difference which.” “I held them as John R. Jones’ property until the thing was settled,—until a bill of sale was made to Mrs. Taylor.” Speaking of the agreement with respondent, he says: “The horses should be in my charge, or in my brother John’s, himself, until he settled the account.” The witness Malloy narrates the circumstances attending the sale;