In re Dixon

Those only could be adjudged guilty of contempt who interfered with the possession of the receiver; and, upon the affidavits presented, we think that no case was made out as against Stratton and Brooks. The money which in the alternative was to be paid unless the goods were returned, if paid, should be held by the receiver until the title of the receiver to the property can be determined in an appropidate proceeding; and if it can then be shown that some or all of this property belonged to Brady, and that under the chattel mortgage it was legally sold to Snider, then Brady would be entitled to receive the amount which by the order is directed to be paid. The order is accordingly reversed as to Stratton and Brooks, and, subject to the suggestion about the manner in which the money should he paid, affirmed as to Brady and Meyer, without costs.

Present— Van Brunt, P. J., O’Brien and Follett, JJ.