D. Richard Trager, Applicant v. Hiebert Contracting Co.

ALDRICH, Circuit Judge.

Plaintiff Hiebert Contracting Co., a Montana corporation, brought suit in the district court for the district of Massachusetts against Jack Trager, hereafter defendant, for breach of contract. Apparently it instructed the U. S. Marshal to make an attachment of defendant’s lands in Essex County. A deputy marshal 1 on October 4, 1963 made a return and filed a document in the Essex Registry. On December 4, 1963 D. Richard Trager, the present appellant, hereafter Trager, acquired some land in Peabody, Essex County, Massachusetts, in which defendant had a record interest. On…