Ellis

(after stating the facts as above).

The appellant contends that the appellee’s assignors obtained no lien upon the mining claim by their attachments, for the reason that no certificate was filed in compliance with section 974, Compiled Laws of Alaska, which provides that, if real property be attached, the marshal shall make a certificate, and within ten days from the date of the attachment shall deliver the same to the commissioner for record in the district in which the real property is situated, and declares: “When such certificate is so filed for record, the lien in favor of the plaintiff shall attach to the real property described in the certificate from the date of the attachment, but, if filed afterwards, it shall only attach, as against third persons, from the date of such subsequent filing.”

We think the statute means that the record of the certificate shall affect only third persons; that is, persons who purchase or acquire interest in the property after the date of the attachment. Dickson v. Back, 32 Or. 217, 223 , 51 P. 727 . The appellant here was not a “third person” within the meaning of the statute. It was his property that was attached. He was still owing on his…