Salisbury

Defendant and intervenor appeal from the order of court granting plaintiff a new trial.

The action was in claim and delivery to recover of the defendant sheriff a stock of groceries, fixtures, horses, wagons, etc., of the alleged value of two thousand *453 -eight hundred dollars. The defendant denied plaintiff’s -ownership or possession, and justified his seizure and ■detention under a writ of attachment issued in an action between Perkins and Randall.. Upon March 15, 1889, the writ was levied upon the property as the property of Randall. The sheriff further showed that on .said March 15th, the day of the levy, Randall filed his petition in insolvency, and was adjudged an insolvent, whereupon defendant was appointed receiver of his property. Under this appointment he qualified, took the property, and at the commencement of this action so held it as receiver. Within thirty days before filing his voluntary petition in insolvency Randall made sale of the property to plaintiff, which sale it is alleged was pretended and fraudulent, for the purpose of defrauding the creditors of said insolvent, and to prevent the property from coming into the possession of Randall’s receiver. Further,…