Such owner may have such writ within fifteen years after the land has been taken. Shortle v. Louisville, etc., Co., 130 Ind. 505; Shortle v. Terre Haute, etc., Co., 131 Ind. 338.

A remainder man is entitled to have his damages assessed. Shortle v. Terre Haute, etc., Co., 131 Ind. 338.

922. (910.) No deduction of future benefits.-775. In estimating any damages under this article, no deduction shall be made for any benefit that may be supposed to result to the owner from the contemplated work.

Benefits accruing from the construction of the work can not be deducted from the damages. Railroad Co. v. Fitzpatrick, 10 Ind. 120; Railroad Co. v. McClure, 29 Ind. 536.

923. (911.) Sheriff to administer oaths.-776. The sheriff shall administer the proper oaths to the jurors, surveyor, and witnesses in all cases contemplated by this article.

924. (912.) Costs.-777. Costs shall be awarded in all these cases, as in civil actions.

The proceedings are governed by the fifteen years' statute of limitations. Shortle . Terre Haute, etc., Co., 131 Ind. 338.

[1881 S., p. 240. In force September 19, 1881.]

925. (913.) Causes.-197. The plaintiff, at the time of filing his complaint, or at any time afterward, may have an attachment against the property of the defendant, in the cases and in the manner hereinafter stated, where the action is for the recovery of money:

First. Where the defendant, or one of several defendants, is a foreign corporation or a non-resident of this state.

Second. Where the defendant, or one of several defendants, is secretly leaving or has left the state, with intent to defraud his creditors. Third. So conceals himself that a summons can not be served upon him.

Fourth. Is removing or about to remove his property subject to execution, or a material part thereof, out of this state, not leaving enough therein to satisfy the plaintiff's claim.

Fifth. Has sold, conveyed, or otherwise disposed of his property subject to execution, or suffered or permitted it to be sold, with the fraudulent intent to cheat, hinder, or delay his creditors.

Sixth. Is about to sell, convey, or otherwise dispose of his property subject to execution, with such intent.

Provided, That the plaintiff shall be entitled to an attachment for the causes mentioned in the second, fourth, fifth and sixth specifications of this section, whether his cause of action be due or not.

An attachment is not an independent proceeding, but is merely in aid of the suit. Excelsior Co. v. Lukens, 38 Ind. 438; Boorum v. Ray, 72 Ind. 151.

Attachment proceedings being ex parte, the statute must be strictly pursued. Marnine v. Murphy, 8 Ind. 272; Willets v. Ridgway, 9 Ind. 367.

To acquire jurisdiction, there must be property levied upon, or personal service upon the defendant or a garnishee. Johnson v. Johnson, 26 Ind. 441; Schoppenhast v. Bollman, 21 Ind. 280; Earl v. Matheney, 60 Ind. 202.

Attachment suits against residents of the state must be brought in the county of their residence. Robbins v. Alley, 38 Ind. 553; Boorum v. Ray, 72 Ind. 151.

When the ground of attachment is a fraudulent conveyance of property, it need not be shown that the debtor did not retain sufficient to pay his debts. Flannagan v. Donaldson, 85 Ind. 517.

Fraud upon the part of the purchaser must be shown when a fraudulent conveyance of property is the ground for attachment. Johnson v. Field, 62 Ind. 377.

Sales of property in violation of a United States bankrupt law is no cause for an attachment. Stanley v. Sutherland, 54 Ind. 339.

926. (914.) When attachment shall not issue-Exception.-198. No attachment, except for the causes mentioned in the fourth, fifth, and sixth clauses of the preceding section, shall issue against any debtor while his wife and family remain settled within the county where he usually resided prior to his absence, if he shall not continue absent from the state more than one year after he shall have absented himself, unless an attempt be made to conceal his absence.

The affidavit need not allege that the debtor has been absent more than a year, nor that an attempt has been made to conceal his absence. Frantz v. Wendel, 28 Ind. 391.

927. (915.) Concealing absence-Effect.-199. If the wife or

family of the debtor shall refuse or be unable to give an account of his absence, or the place where he may be found, or shall give a false account of either, such refusal, inability, or false account shall be deemed an attempt to conceal his absence, within the provisions of this act.

It is sufficient if the family can not give the cause of the absence. McCollem v. White, 23 Ind. 43.

928. (916.) Affidavit.-200. The plaintiff, or some person in his behalf, shall make an affidavit showing:

First. The nature of the plaintiff's claim.

Second. That it is just.

Third. The amount which he believes the plaintiff ought to recover. Fourth. That there exists in the action some one of the grounds for an attachment above enumerated.

The affidavit may be in terms "as he verily believes." McNamara v. Ellis, 14 Ind. 516.

The affidavit should describe the demand sued for with sufficient certainty. Thierman v. Vahle, 32 Ind. 400; Freemont v. Fulton, 103 Ind. 393.

As to what is held to be a sufficient affidavit. See Willets v. Ridgway, 9 Ind. 367; Cooper v. Reeves, 13 Ind. 53; Frantz v. Wendel, 28 Ind. 391; Parsons v. Stockbridge, 42 Ind. 121.

An attorney of the plaintiff may make the affidavit. Abbott v. Zeigler, 9 Ind. 511. A person making the affidavit for the plaintiff need not state that it is made on his behalf. Freemont v. Fulton, 103 Ind. 393.

An affidavit may answer for a complaint and affidavit also. Dunn v. Crocker, 22 Ind. 324.

The affidavit should show that the property sought to be reached is subject to execution. Blair v. Smith, 114 Ind. 114.

Where creditors file under attachment proceedings, their affidavits need not set forth the same cause for an attachment as in the original action. Ryan v. Burkam, 42 Ind. 507.

The affidavit may answer for procuring a writ of attachment, and also for a summons in garnishment. Freemont v. Fulton, 103 Ind. 393.

929. (917.) Bond.-201. The plaintiff, or some one in his behalf, shall execute a written undertaking, with sufficient surety to be approved by the clerk, payable to the defendant, to the effect that the plaintiff will duly prosecute his proceeding in attachment, and will pay all damages which may be sustained by the defendant, if the proceedings of the plaintiff shall be wrongful and oppressive.

If a bond be filed with the clerk, upon which he issues a writ, the bond is deemed approved. Levi v. Darling, 28 Ind. 497. A surety alone may execute the bond. Church v. Drummond, 7 Ind. 17. Defects in attachment bonds are cured by statute. Moore v. Jackson, 35 Ind. 360.

930. (918.) Order 202. Upon the filing of such affidavit and written undertaking in the office of the clerk, he shall issue an order of attachment, which shall be directed and delivered to the sheriff. It shall require him to seize and take into his possession the property of the defendant in his county not exempt from execution.

Writs of attachment are not personal; they run until executed, and are not returnable at any particular time or term. Will v. Whitney, 15 Ind. 194.

Mere taking out a writ, without actual or constructive delivery to the officer for service, is not an issuing. Hancock v. Ritchie, 11 Ind. 48.

When two writs issue against the same party, the officer must first levy the one first received. Moore v. Fitz, 15 Ind. 43.

931. (919.) Order to different counties-Judgment, when had.— 203. Orders of attachment may be issued to the sheriff of any other county; and several of them may, at the option of the plaintiff, be issued at the same time or in succession; but the costs only of such as have been executed in whole or in part shall be recovered against the defendant, unless otherwise directed by the court. The plaintiff shall not have judgment in any such action except in some one of the following cases, viz.:

First. When the defendant shall have been personally served with. process.

Second. When property of the defendant .shall have been attached in the county where the action is brought.

Third. When a garnishee shall have been summoned in the county where the action is brought, who shall be found to be indebted to the defendant, or to have property or assets in his hands subject to the attachment.

This section does not change the rule requiring actions to be brought in the county where the defendant resides. Robbins v. Alley, 38 Ind. 553.

932. (920.) When may issue on Sunday.-204. An order of attachment may be issued and executed on Sunday, if the plaintiff will show in his affidavit that the defendant is about to abscond on that day, to the injury of the plaintiff.

933. (921.) Inventory and appraisement-Return.-205. The sheriff shall proceed, with the assistance of a disinterested and credible householder of the county, to attach the lands and tenements, goods and chattels of the defendant subject to execution, and shall, with the assistance of the householder, make an inventory and appraisement thereof, and return the same with the order.

The proceedings must show that the property was attached in the presence of, and appraised by, a householder. McNamara v. Ellis, 14 Ind. 516.

The plaintiff should prove that the appraiser possessed the necessary qualifications. Leach v. Swann, 8 Blkf. 68.

If the return to the writ shows that the appraiser was qualified it is sufficient. Dronillard v. Whistler, 29 Ind. 552.

The appraiser need not be sworn. Will v. Whitney, 15 Ind. 194.

Different persons may assist in appraising different parcels of property. Will v. Whitney, 15 Ind. 194.

If the return to the writ specifically describes the property a separate schedule need not be filed. Dronillard v. Whistler, 29 Ind. 552.

If attached real estate is not described in the return to the writ or judgment, the proceedings will be void. Porter v. Byrne, 10 Ind. 146.

All of the property of the defendant in the county may be, but need not be, attached. Dronillard v. Whistler, 29 Ind. 552.

The officer levying the writ may obtain possession of the property by replevin. Dufour v. Anderson, 95 Ind. 302.

934. (922.) Lien of.-206. An order of attachment binds the defendant's property in the county subject to execution, and becomes a lien thereon from the time of its delivery to the sheriff in the same manner as an execution.

The writ is a lien from the time it is placed in the sheriff's hands. Lowry v. Howard, 35 Ind. 170; Fee v. Moore, 74 Ind. 319.

The lien may be lost by failing to have a levy made. Moore v. Fitz, 15 Ind. 43. Claims of creditors filing under in attachment are liens from the issue of the original writ, and take priority over judgments rendered afterward, although such judgments were recovered before the claims were filed. Shirk v. Wilson, 18 Ind. 129; Ryan v. Burkam, 42 Ind. 507.

The taking of a personal judgment only releases the lien of the attachment. Lowry v. McGee, 75 Ind. 508; Smith v. Scott, 86 Ind. 346; Wright v. Manns, 111 Ind. 422.

935. (923.) Personalty attached before realty-Removal and pursuit. 207. The defendant's personal property shall be first taken under an attachment; if enough thereof is not found to satisfy the plaintiff's claim and costs of the action, then his real estate. If, after an order of attachment is placed in the hands of the sheriff, any property of the defendant is removed from the county, the sheriff may pursue and attach the same in any county, within three days after the removal.

936. (924.) Delivery-bond.-209. The defendant, or other person having possession of property attached, may have the same or any part thereof delivered to him, by executing and delivering to the sheriff a written undertaking, with surety to be approved by the sheriff, payable to the plaintiff, to the effect that such property shall be properly kept and taken care of, and shall be delivered to the sheriff on demand, or so much thereof as may be required to be sold on execution to satisfy any judgment which may be recovered against him in the action, or that he will pay the appraised value of the property, not exceeding the amount of the judgment and costs.

Defective bonds are cured by statute. Moore v. Jackson, 35 Ind. 360.

In an action on the bond all creditors entitled to share in proceeds of the property should join. Moore v. Jackson, 35 Ind. 360.

The giving of a delivery bond does not discharge the lien of the attachment. Gass v. Williams, 46 Ind. 253.

An action can not be maintained on the bond unless the attachment is sustained. Gass v. Williams, 46 Ind. 253; Smith v. Scott, 86 Ind. 346.

If the original attachment proceedings are quashed, creditors who have filed under the same may sue on the delivery bond. Taylor v. Elliott, 51 Ind. 375.

In an action on the bond it must be alleged that an execution for the sale of the property was issued, and that a proper demand for the property or its value had been made. Wright v. Manns, 111 Ind. 422.

937. (925.) Right of property, how tried.-210. Whenever any person other than the defendant shall claim any property attached, the right of property may be tried as in cases of property taken on execu