I. Representative persons, such as heirs, executors, administrators, trustees, and others, claiming merely by right of representation, are not liable to be proceeded against, as such, by attachment. 1 Johns. Cas. N.Y. 372; 9 Wend. N. Y. 465 ; 4 Day, Conn. 87; 3 Halst. N. J. l 79 ; 3 Green, N. J. 183 ; 2 Dail. 73, 97 ; 1 Harp. So. C. 125 ; 23 Ala. N. s. 369; 1 Mart. N. s. La. 202, 380 ; 1 Cranch, C. C. 352, 469.
S. The levy of an attachment does not change the estate of the defendant in thepro perty attached. 1 Pick. Mass. 485 ; 7 Mass. 505 ; 3 McLean, C. C. 354; 1 Rob. La. 443 ; 31 Me. 177 ; 32 id. 233 ; 6 Humphr. Tenn. 151 ; 1 Swan, Tenn. 208 ; 3 B. Monr. Ry. 579. Nor does the attaching plaintiff acquire any pro perty thereby. 1 Pick. Mass. 485 ; 3 Brev. So. C. 23; 2 Serg. & R. Penn. 221 ; 2 Harr. & J. Md. 96; 9 N. H. 488; 2 Penn. N. J. 997. Nor can he acquire through his attachment any higher or better rights to the property attached than the defendant had when the attachment was levied, unless he can show some fraud or collusion by which his rights are impaired. 31 Me. 177.
9. The levy of an attachment constitutes a lien on the property or credits attached. 1 M'Cord, So. C. 480; 8 Miss. 658; 18 id. 348; 16 Pick. Mass. 264; 10 Mete. Mass. 320; 10 Johns. N. Y. 129; 3 Ark. 509; 17 Conn. 278; 14 Penn. 326; 12 Leigh, Va. 406; 10 Gratt. Va. 284; 12 Ala. 433 ; 2 La. Ann. 311 ; 11 Humphr. Tenn. 569; Cooke, Tenn. 254; 1 Swan, Tenn. 208; 1 Ind. 296; 4 III. 139; id. 468; 6 id. 187 ; 23 Me. 60; 14 N. H. 509; 1 Zabr. N. J. 214; 21 Vt. 599, 620; 1 Day, Conn. 117. But, as the whole office of an attachment is to seize and hold property until it can be subjected to execution, this lien is of no vklue unless the plaintiff obtain judgment against the defendant and proceed to subject the property to execution.
10. Where two or wore separate attach ments are levied simultaneously on the same property, they will be entitled each to an aliquot part of the proceeds of the property. 13 Mass. 529 ,• 14 Pick. Mass. 414 ; 17 id. 289 ; 19 id. 544 ; 2 Cush. Mass. 111 ; 1 Cow. N. Y. 215 ; 3 B. Monr. Ky. 201. Where seve ral attachments are levied successively on the same a junior attaching creditor may impeach a senior attachment, or judg ment thereon, for fraud, 4 N. H. 319 ; 7 id.
594 ; 24 id. 384 ; 4 Rich. So. C. 561; 6 Gratt. Va. 96 ; 3 Ga. 140 ; 4 Abb. Pract. N. Y. 393 ; 3 Mich. 531 ; but not on account of irre gularities. 3 M'Cord, So. C. 201, 345 ; 4 Rich. So. C. 561; 2 Bail. So. C. 209 ; 9 Mo. 393 ; 5 Pick. Mass. 503 ; 13 Barb. N. Y. 412; 9 La. Ann. 8.
11. By the levy of an attachment upon personalty the officer acquires a special pro perty therein, which continues so long as he remains liable therefor, either to have it forthcoming to satisfy the plaintiff's demand, or to return it to the owner upon the attach ment being dissolved, but no longer. 6 Johns. N. Y. 195 ; 12 id. 403 ; 2 Mass. 514 ; 15 id. 310 ; 1 N. H. 289 ; 36 Me. 322 ; 28 Vt. 546 ; 16 id. 9. For any violation of his possession, while his liability for the property continues, he may maintain troves, trespass, and replevin. 9 Mass. 104; 16 id. 465; 1 Pick. Mass. 232, 389; . 5 Vt. 181; 10 id. 165; 23 N. H. 46; 2 Me. 270.
12. As it would often subject an officer to great inconvenience and trouble to keep attached property in his possession, he is al lowed in the New England states to deliver it over, during the pendency of the suit, to some responsible person, who will give an accountable receipt for it, and who is usually styled a receipter or bailee, and whose pos session is regarded as that of the officer, and, therefore, as not discharging the lien Of the attachment. This practice is not authorized by statute, but has been so long in vogue in the states where it prevails as to have be come a part of their systems, and to have given rise to a large mass of judicial deci sions.
13. In many states provisions exist, author izing the defendant to retain possession of the attached property by executing a bond with sureties for the delivery thereof, either to the execution which the plaintiff may obtain in the cause, or when and where the court may direct. This bond, like the bailment of attached property, does not dis charge the lien of the attachment. 20 Miss. 622 ; 12 Ala. 138 ; 6 Ala. N. s. 45 ; 7 Mo. 411; 7 Ill. 468; 10 Pet. 400 ; 10 Humphr. Tenn. 434. Property thus bonded cannot be seized under another attachment, or under a junior execution. 6 Ala. N. s. 45 ; 7 B. Monr. Ky. 651 ; 4 La. 304.