Since both bailor and bailee have a property right (the one general and the other special) in the property bailed, it follows that either may bring an action against any third party who injures the property which is the subject of the bailment.13 A recovery by one will be a bar to any subsequent action by the other.14 If a creditor of the bailee seizes the bailed property, the bailor may recover such property or its value from him.15

Where the bailor leaves property with the bailee with directions to sell it, and, after deducting a debt due to himself, to pay the balance to the bailor, and the bailee exchanges it for other property, such property is not necessarily subject to be attached for his debts.16 This depends upon whether the bailor ratifies or repudiates the exchange.17

Where, at the time of the bailment, the property bailed was in fact owned by a third person, such third person can recover possession of the property from the bailee,18 or damages from the bailor.

11 Bohannon vs. Springfield, 9 Ala.,

789; Arent vs. Squire, 1 Daly, (N. Y.), 347.

12 Barker vs. Roberts, 8 Me., 101; Mansfield vs. Commerce, 8 Allen

(Mass.), 182. 13 Rindge vs. Coleraine, 11 Gray (Mass.), 157; Baggett vs. Mc-Connack, 73 Miss., 552.

14 Knight vs. Davis Carriage Co., 71

Fed., 662; 30 U. S. App., 664; 18 C. C. A. 287.

15 Hardy vs. Hunt, 11 Cal., 343;

70 Am. Dec, 787.

16 Drew vs. Kimball, 43 N. H., 282;

80 Am. Dec, 163. 17 Strong vs. Adams, 30 Vt., 221;

73 Am. Dec, 305. 18 Nelson vs. Inerson, 17 Ala., 216.