Ward

These appeals are from the judgment and from the order denying defendant a new trial.

Plaintiff for cause of action set forth that upon May 25, 1893, one James M. Smith was, by the superior court, adjudged to be an insolvent debtor, and, on said day, plaintiff, sheriff of the county, was appointed receiver of his property. Upon the eighth day of June, 1893, plaintiff “gave the bond required by said order and entered upon the discharge of his duties as receiver, and acting as such receiver took possession of sixty head of horses belonging to the insolvent.” Thereafter he gave due and legal notice that upon June 24, 1893, he would as receiver sell said horses at public auction. Defendant claimed some interest in or lien upon the horses, and sought an order from the court prohibiting the sale. Thereupon such proceedings were had in the matter that the following stipulation was entered into between defendant and the receiver, and spread upon the minutes of the court: “Counsel now agree that the sheriff now proceed to sell the property now in his keeping, and advertised to be sold this day, belonging to the said insolvent, the proceeds of said sale to. be held by him subject to the…