
    AUSTIN against WADE. [727]
    OB CEKTIOBAEI.
    The action below was an action of trespass, [*] brought by Wade against Austin, for taking and carrying away the wagon of Wade. On the trial, it appeared that the wagon had been the wagon of one Teller; that Wade had taken out an attachment from Justice Brown, against Teller, and attached the wagon, and had advertised the attachment according to law, and obtained judgment on the attachment; but that the wagon had not been sold under the attachment. Wade, however, got possession of the wagon. In the mean time, Austin, as deputy sheriff, had levied on the wagon, in virtue of an execution against Teller, and took it into his possession ; for which the action below was brought, and judgment rendered against Austin.
    
      W JR. Williamson, for plaintiff.
   By the Court.

Wade, by virtue of his attachment, did not acquire a property in the wagon; until it was sold under the attachment, it was in the custody of the law. We do not think that Wade, in this case, made out a cause of action.

Judgment reversed.

Explained in Reeves v. Johnson, 7 Halst. 29. Cited in Melville v Brown, 1 Harr. 363.  