Sukeforth

This is an action to recover damages on account of the seizure by defendant, under a writ of attachment, of certain goods claimed by the plaintiff. The case arose under the following circumstances: On *401 the 15th of August, 1888, L. M. Sukeforth, who for a number of years theretofore had canned on a certain carpet business at Nevada City, being largely indebted and insolvent, sold, transferred, and delivered to the plaintiff, who is his brother, for a nominal consideration of fifteen hundred dollars, his entire stock in trade, all his outstanding bills and accounts, and all other property exempt from execution which he then possessed. Among his creditors at the time of this transfer were Sloan & Co., wholesale carpet dealers, who caused a suit to be instituted upon their claim, and in said suit caused an attachment to be issued, which was levied by the defendant, as sheriff of Nevada County, on the stock of carpets, etc., then in the possession of the plaintiff, and claimed by him as vendee of his brother. Thereupon this action was commenced against the sheriff, who defends upon the ground that the sale from L. M. Sukeforth to the plaintiff was fraudulent and void as to…