17 Vt. 133 | Vt. | 1844
The opinion of the court was delivered by
The witness Ingraham was rendered competent, by the discharges produced at the trial. Ordway v. Bacon, 14 Vt. 378. And it is not perceived that any valid objection existed to the witness Leland. The officer saw fit to respeot the claim of this witness to the property, and declined to attach it as the property of John H. Leland. The witness was therefore as free from all legal interest in the present controversy, as if no such attachment had ever been thought of.
The remaining question is, whether the officer was under a legal obligation, upon being tendered a sufficient indemnity, to proceed and attach the property as belonging to John H. Leland. That it may become the duty of an officer to levy upon or attach property in cases of doubtful ownership, is implied, if not expressly declared in the 3d and 10th sections of the act relating to the levy of executions. The former section directs the officer to levy on the goods and chattels of the debtor, “or such as shall be shown him by the creditor.” And it is provided in the latter section, that, in cases of reasonable doubt as to the ownership of the property, or its liability to be taken, the officer may require an indemnity; and if that is not
Judgment affirmed.