Opinion by
Mrs. Price sued out an attachment from the Washtenaw Circuit' Court against the property, of Reed. Reed'petitioned the Circuit Court Commissioner for an order dissolving the attachment. When the petition came on to be heard, it appeared that Reed had turned over all his inter*iiiest in the attached property to one Wood, who held a chattel mortgage upon it. The counsel for Price thereupon moved to dismiss the petition on the ground that lieed had no right to a return of the property, and no right to take this proceeding. But the counsel for lieed disclaiming any desire for an order restoring the property, the Commissioner denied the' motion, and made an order dissolving the attachment.
Held, that this order was erroneous. To entitle the defendant in attachment to an order dissolving it, he must have a right to an order restoring the property to his own possession, and this he cannot have where he has parted with his interest.
Proceedings quashed.