after stating the case as above, delivered the opinion of the court.
The question presented for our. consideration is whether property of a debtor, brought within the custody of the Circuit *481 Court of the United States by seizure under process issued upon its judgment,.remains in its custоdy to be applied in satisfaction of the judgment notwithstanding the subsequent death of the debtor, or is removed by-such death from the jurisdiction of the Circuit Court and passes under the control of the Probate Court of the State, to be disposed of in the administration of the assets оf the deceased. To this question we have no doubt the answer must be that the property remains in the custody of the Circuit Court of the United States, to be applied to the satisfaction of the judgment under which it was seized. The jurisdiction of a court of the .United States oncе obtained over property by being brought within its custody continues until the purpose of the seizure is accomplished, and cannot be impaired or affected by any legislation of the State or by any proceedings subsequently commenced in a state court. This exemption of the authority of the courts of the United States from interference by legislative or judicial action of the States is essential to their independence and efficiency. If their jurisdiction could in any particular be invaded and impaired by such state actiоn, it would be difficult to perceive any limit to which the invasion and impairment might not be extended. To sanction the doctrine for which the executor, appointed by the Probate Court of the Parish of Orleans, contends would be to subordinate the authority of the Federal сourts in essential attributes to the regulation of the State, a position which is wholly inadmissible.
The principle declared in
Freeman
v.
Howe,
N In the first of these cаses the marshal had levied a writ of attachment, issued from the Circuit Court of the United States for the District of Massachusetts, upon certain property which was subsequently taken from his possession by the sheriff oí the county of Middlesex, in-that State, under a writ of replevin issued from a state court, and the question presented was whether the sheriff was justified in thus taking the property from the marshal’s possession, o.r whether the marshal had the *482 right to retain it. The court held that the property was, by its attachment under process of the Federal Court, brought •within the custody of that court and under its jurisdiction; that it could not be taken from that custody by any tribunal of the State; and that if a conflict in the assertion of jurisdiction in such case arose, the determination of the question rested with the Federal Court, observing that “ no government could maintain thе administration or execution of its- laws, civil or criminal, if the jurisdiction of its judicial tribunals were subject to the determination of another.” p. 459.
In the second of the above cases —-
Buck
v. Colbath,
In
Riggs
v.
Johnson County,
It is earnestly contended that this doctrine cannot apply where the prоperty brought under the control of the Federal Court has by the subsequent death of the debtor become, under the statute of Louisiana, the .subject of administration in the Probate Courts of the State. The doctrine as declared in the cases cited does not admit of аny exception to the jurisdiction of the Circuit Court of the United States in such cases. Indeed, if an exception could be made in cases in the Probate Court, it might be made in other cases. Special jurisdiction in particular classes of cases might be authorized, so as to take a large portion of subjects from the jurisdiction of the Federal courts. When property is seized to satisfy a money judgment of the United States Court, and thus brought within its custody, it is appropriated to pay that judgment, and the court cannot surrender its jurisdiction over the property until it is applied to that judgment, or that judgment is otherwise satisfied. Only the part remaining after such appropriation goes, upon the death of the debtor, into the Probate Court as his assets. All proceedings under a levy of execution have relation bаck to the time of the seizure of the property. Freeman v. Dawson, 110. U. S. 264, 270.
We do not question the general doctrine laid down in
Yonley
v. Lavender,
Nor is there anything in the doctrine of the exclusive jurisdiction of the Federal Court to dispose of the property in its custody without any intervention of the Probаte Court, until its judgment is satisfied, that in any way trenches upon that doctrine equally well established, that where a state and a Federal court have concurrent jurisdiction over the same subject matter, that court which first obtains jurisdiction will retain it to the end of the controversy, еither to the exclusion of the other, or to its exclusion so far as to render the latter’s decision subordinate to the other; a doctrine which, with some exceptions, is recognized both in Féderal and state courts.
Wallace
v. McConnell,
Wallace
v. McConnell,
• From the views expressed it follows, that the court below erred in ordering the marshal to discontinue the advertisement for the sale of the proрerty seized, and from proceeding with its sale, and directing its delivery over to the executor of the deceased, G-omila, for purposes of administration under the orders of the Probate Court of the Parish of Orleans. Only so much of the property, or of its procеeds, as may remain after the satisfaction of the judgment under which the property was seized, can be transferred to such, executor. The judgment of the court below must, therefore, be
Reversed, and the cause remanded with directions to dis- ■ cha/rge the rule; and it is so ordered.
