Eads

This is an appeal by defendant from an ,'order of the court below denying a motion to discharge an attachment. The motion was based solely upon the ground that the respondent had a lien for the payment of the money sued for in the action, and that therefore the attachment was improperly issued.

The facts are these: On the 28th of December, 1895, the parties entered into an executory written contract by which the respondent agreed to sell, and the appellant agreed to buy, a two-fifths interest in certain patent rights, described in certain letters patent set forth in the contract. The price was six thousand dollars, a part of which was to be paid in cash, and the balance in two payments of nineteen hundred dollars each, on the first day of January, 1897, and on the first day of January, 1898, with interest, etc., and upon the making of said payments the respondent was to give to appellant a good and sufficient assignment and conveyance of said patent rights. The installment •due on January 1, 1897, not having been paid, this action was •commenced to recover the amount thereof, and a writ of attachment was issued and levied.

Appellant contends that the writ of attachment was…