Braden

This action, wherein judgment was rendered for plaintiff and from which, defendant appeals, grew out of the following facts: At a time when plaintiff, claiming to be the owner thereof, was in possession of certain personal property described in the complaint, the defendant, as sheriff, seized the same under and by virtue of an execution issued upon a personal judgment for money rendered in an action brought by Joseph Uhlein against Edward J. Sheehan, a nonresident, upon whom service was obtained by publication, and on May 16, 1918, the property was by the sheriff sold under execution to Uhlein. At the time of the commencement of the action, August 19, 1916, a writ of attachment was levied upon the property, of which Sheehan was concededly the owner. While it appears that the writ of attachment was duly levied upon the property, the court found that on September 16, 1916, the sheriff withdrew the keeper placed in charge of the property, which was located in a building owned by D. E. Myers and of which Sheehan was lessee, and surrendered possession of the building, together with custody of the property, and thereafter exercised no control over the same until May, 1918, when, after…