Koehn

Appeal from an order refusing to dissolve an attachment.

Plaintiff sued defendant on a promissory note and attached certain property belonging to defendant. The affidavit for the attachment contained the usual clause negativing the holding of any property by mortgage lien or pledge to secure the payment of the note.

Defendant moved the court to dissolve the attachment on the ground that the promissory note sued on was secured by a lien and pledge of personal property made by defendant to plaintiff, and that such property was so held by plaintiff at the time such attachment was issued. In support of his motion defendant introduced his own affidavit to the effect that he had executed a bill of sale of an undivided one-half interest in a quartz mill of a value between $2,500 and $9,000 to secure the payment of the note, and a letter of the date March 23, 1903, signed “H. A. Blodget, President,” and purporting to be from plaintiff, wherein it is stated that a bill of sale given by defendant to plaintiff, bearing date August 5, 1898, conveying an undivided one-half interest in a quartz mill (describing it), “was given to secure payment of a certain indebtedness now evidenced by a…