Joseph McKenna

“ The truth of this was not questioned, and it must be accepted as established that at the time of the levy the property was in the possession of the plaintiff. What is the effect of it? In other words, was the levy made, as described in the return of the defendant, legal?
'The sheriff to whom the writ is directed and delivered shall execute the same without delay as follows: . . .
'2. Personal property, capable of manual delivery to the sheriff, and not in the possession of a third person, shall be attached by taking it into his custody. ”

“ The error assigned on instructions not disposed of by the above reasoning it is not necessary to consider. We may say, however, that we have grave doubts of their correctness.
Judgment reversed, with costs, and cause remanded, with directions to grant a new trial. ”