Insufficient, and defective pleading.

A sheriff, having a writ of foreign attachment issued according to the laws of New Jersey, proceeded to levy the same on the property of the defendant in the attachment. After the attachment was issued) the plaintiff took the promissory notes of the defendant for his debt payable at a future time, but no notice of this adjustment of the claim of the plaintiff was given to the sheriff, nor was the suit on which the attachment issued discontinued. The defendant brought replevin for the property attached, the sheriff having refused to redeliver it. Held, that the sheriff was not responsible for levying the attachment for the debt so satisfied, or for refusing to redeliver the property attached.

A previous attachment issued under the law of New Jersey of property as the right of another, could not divest the interest of the actual owner of the property in the same; so as to prevent the sheriff attaching the same property under a writ of attachment issued for a debt of the same actual owner.