Page:Federal Reporter, 1st Series, Volume 3.djvu/306

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STEAM STONB-OCTTBB 00. V. WINDSOB MANUP'o 00. �Prout e Walker, for motion. �E. J. Phelps and J. B. Pheîps, contra, �Wheeler, D. j. This is a motion for an attaehment for contempt. The plaintiiî, at the October term, 1870, ob- tained a decree against the Windsor Manufacturing Com- pany, of whieh Ebenezer G. Lamson is president, and East- man E. Lamson is clerk and treasurer, and against Ebenezer G. Lamson, for an account of profits of infringement of a patent, and immediately afterwarda applied to the court by petition, setting forth in substance that the defendants were about to dispose of their property, "and that unless they can by writ of sequestration fix a lien" thereon, said litigation will be wholly fruitless, "and prayed for a writ of sequestra- tion for the purpose aforesaid," whereupon a writ was or- dered to issue, and did issue, directed to the marshal, com- manding him to take, attach, and sequester the goods, chattels, and estate of the defendants, to the value of $40,- 000, and detain and keep the same under sequestration, according to law, to respond to the final decree which might be made m the cause, which the marshal served, as appears by his return, by attaching real estate and machinery, which, by the laws of Vermont, may be attached by lodging copies in the town clerk's office, and lodged copies in the town clerk's office of the town of Windsor, where the property was situated, according to the laws of Vermont. It does no^ appear that the marshal took any other possession of the property. Final decree has been rendered for the recovery of profits to a large amount, and special execution issued thereupon, and the personal property is not to be found, and the real estate has been conveyed and levied upon, and it is alleged that the personal property has been sold by the peti- tioner, Lovell, and the real estate levied upon by an officer, upon execution instigated by the Lamsons. This meddling with the property is the contempt charged. �It is obvions that these proceedings were întended to merely create a lien upon the property. A sequestration, as known to courts of equity by the common law of their jurisdiction and procedure, was had for the purpose of compelling obedience ����