101 Iowa 51 | Iowa | 1897
II. It is urged that the giving of the delivery bond simply transferred the possession of the attached property to the intervener, that it was still subject to the lien of the attachment, and that the court erred in not receiving evidence as to the value of the property. We discover no reason for extended discussion of this question. Under our holding in the first division of this opinion, it is clear that, had the attached property remained in the actual possession of the sheriff, the court could properly have entered no other judgment than it in fact did. If, therefore, the appellant’s contention that the effect of the bond was simply to transfer the possession of the property to the intervener, who held it as the sheriff’s agent be correct, — a point we do not decide, — it would in no wise change the situation. In any event the court could not render a judgment, under the circumstances, for the value of the property. He was simply authorized in this proceeding to determine the claim made by intervener.