Page:Federal Reporter, 1st Series, Volume 4.djvu/227

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the property. This court held that within Une spirit of the bapikjrupt law that must, be considered subject to the same mies and regulations and principles as cases of attachaient against the bankrupt's property, and that it should, just as in that case, dissolve and put an end to the attachaient or lien of the landlord : provided, between the day of the issue, and the levy on the diatress warrant, and the time of the judgment and execution issued uuder the orders of the court, the peti- tion in bankruptoy was liled. I still adhere to the view which I took in that case, as to the effect of the peculiar legislation of lUinois in relation to the enforoement of the rights of land- lords against their tenants ; and, as was stated in that case, I think it was not strictly within the letter of the bankrupt law, but within its general scope and spirit. In this case it can hardly be said that the same principle applies. Here is an express provision of law, which declares that the judgment on an admiuistrator's bond shall be a lien frçtin, the.very day of the commencement of the suit. It was undoubtedly com- petent for the state to enact such a law, and the baùkrupt law, as I think, preserved the lien which the law bf the state thus created, and it is the duty of the federal court to sus- tain it, �Without going at greater length into the considerations which operate upon the mind of the court, I ehall affirm the judgment of the district court. ����