Martin v. McCarthy

November 26, 1890, Frank C. Taft made an assignment' for the benefit of his creditors to Edmund H. Martin, plaintiff in error. Prior to the assignment, the sheriff of Pueblo county, T. Gr. McCarthy, pursuant to a writ of attachment sued out, seized a stock of merchandise and had the same in custody at the time of the assignment. The assignee demanded possession of the stock, which was refused. Thereafter Beifeld & Co. instituted an attachment proceeding in the district court of Arapahoe county against Taft and the *38sheriff of Pueblo county and levied upon the property covered by the assignment…