| Mass. | Sep 25, 1829
delivered the opinion of the Court.
But it is evident there were other points intended to be taken in relation to the validity of both attachments. The attachment made by the plaintiff'on Saturday was valid, if there was no lawful lien upon the property at that time. He went within view of the hay with his writ, declared that he attached it, and posted a notification to that effect on the barn-door. There was then no person present claiming the possession of the hay.
Nor was his notice to the plaintiff, that he had attached the hay, of any avail, it being given after the plaintiff had made his attachment.
Motion for a new trial overruled.
See this case explained in Bruce v. Holden, 21 Pick. 190; where it is said that both of the returns were primó, facie evidence of attachment, and that the first in point of time would have prevailed, but for other evidence showing that Sawyer had either failed originally to seize the property or to give publicity to his attachment, or had relinquished his possession.
See Sanderson v. Edwards, 16 Pick. 146; Duncklee v Falest 5 N Hamp R. 528.