On an appeal by defendants from a judgment in this action at September Term, 1932, of the Superior Court of Craven County, overruling their demurrer to the complaint filed by the plaintiffs, on the grounds stated in said demurrer, the judgment was affirmed. Newberry v. Fertilizer Co., 202 N. C., 416, 163 S. E., 116. It was held by this Court that the allegations of the complaint are sufficient to show a series of transactions, the result of a general scheme, participated in by the defendants, and resulting in damages to the plaintiffs, which they are entitled to recover of the defendants, jointly and severally. The judgment was affirmed on the authority of Trust Co. v. Peirce, 195 N. C., 717, 143 S. E., 524.
On this appeal, the defendant, Davison Chemical Company, and the garnishees, Meadows Fertilizer Company and Eastern Cotton Oil Company, contend that there is error in the order of Judge Frizzelle, entered *337in this action, at Chambers in Snow Iiill, North Carolina, on 13 August, 1932, (1) for that by said order the defendant, Davison Chemical Company is required to return to the jurisdiction of the Superior Court of Craven County, the sum of $885,540, this amount being the sum which was paid to said defendant by the garnishees on their respective indebtedness to said defendant, after such indebtedness had been attached and levied upon by the notices served on the garnishees pursuant to the order in this action dated 8 August, 1931; and (2) for that by said order the said garnishees are restrained and enjoined from making further payments on their respective indebtedness to the defendant, Davison Chemical Company, until the final determination of the action.
No question is raised on this appeal as to the liability of the garnishees to the plaintiffs in the event that plaintiffs recover judgment in this action against the defendant, Davison Chemical Company. That question is settled by an authoritative decision of this Court. In Tridell v. Wall, 44 N. C., 4, it was held that payment made by a garnishee to his creditor, the defendant in an attachment and garnishment proceeding, after the service of the writ of garnishment, did not relieve the garnishee of liability to the plaintiff in the action in which the writ of garnishment was issued. In such case, the payment is made by the garnishee at his peril, for it is the duty of a garnishee to retain possession of the property or of the debt attached, or to deliver the property or pay the debt to the officer who has served the writ of garnishment on him. If pending the garnishment proceeding, the garnishee delivers the property to the owner, or pays the debt to his creditor, he does so at his own risk, and is not relieved of liability to the plaintiff in the proceeding upon his recovery of judgment against the defendant, 28 C. J., 261.
The first contention on this appeal presents the question as to whether the plaintiffs had a lien on the money which the garnishees paid to the defendant, after the service of the writ of garnishment. If plaintiffs had no lien on this money, at the time it was paid to the defendant by the garnishees, this contention must be sustained; otherwise, there is no error in the order by which the defendant, Davison Chemical Company, is required to return the money which it received from the garnishees, as voluntary payments on their indebtedness t0' the said defendant.
By express statutory provision, all property in this State, whether real or personal, tangible or intangible, owned by a nonresident defendant in an action to recover on any of the causes of action included within the provisions of C. S., 798, is liable to attachment. C. S., 816.
The officer to whom the warrant of attachment is directed and delivered is required to seize and take into his possession the tangible *338personal property of tbe defendant, or so much as is necessary, and be is liable for tbe care and custody of sueb property as if it bad been seized under execution. He shall levy on tbe real estate of tbe defendant as prescribed for executions. He shall make and return with tbe warrant an inventory of tbe property seized or levied on, and subject to tbe direction of tbe court, be shall collect all debts owing to tbe defendant, and take such legal proceedings in bis own name or in that of tbe defendant, as are necessary for that purpose. O. S., 807. When tbe officer has served tbe warrant of attachment by taking into bis possession tbe tangible personal property of tbe defendant, or by collecting tbe debts due tbe defendant, under tbe orders of tbe court, or by levying on tbe real estate of tbe defendant, and has complied with tbe provisions of tbe statute, with respect to tbe inventory, and tbe certificate to tbe clerk of tbe Superior Court, tbe plaintiffs have a lien on such property, which is enforceable against all subsequent purchasers from tbe defendant.
When the property of the defendant which the officer is ordered to attach consists of intangible personal property — as shares of stock in a corporation, or debts due by a debtor, be shall serve the warrant of attachment and the writ of garnishment by leaving certified copies of the warrant and of the writ, with the president or other bead of the corporation, or with the debtor, with a notice showing the property levied on. O. S., 817. When the officer serves a warrant of attachment and a writ of garnishment on a person supposed to be indebted to the defendant in the action, be shall at the same time summon in writing such person as garnishee. C. S. 819. Judgment may thereafter be rendered in favor of the plaintiff and against the garnishee for the amount of the debt due by the garnishee to the defendant in the action. No lien is acquired by the rendition of the judgment against any specific property of the garnishee, which is applicable to the payment of the debt. A lien can be acquired against such property, only by the issuance of an execution on the judgment, and by proceedings to enforce the execution.
' It has been said that “it would seem that unless tbe statutes expressly so provide, tbe service of a writ or summons in garnishment or trustee process does not in a strict sense create a lien upon any specific property in tbe bands of tbe garnishee or trustee, but gives rise only to a contingent personal liability to respond therefor to any judgment which may thereafter be recovered by plaintiff against defendant. However, the right acquired by plaintiff is frequently described as a lien, or an equitable lien, or quasi lien, or as an inchoate lien, which must be perfected by judgment against tbe garnishee; more accurately, it is a specific right conferred upon plaintiff to tbe indebtedness or property for *339tbe payment of tbis claim over and above more general creditors. But it constitutes a lien in tbe sense tbat so long as it continues and tbe garnisbee seeks to preserve bis own rights, be cannot pay to tbe principal defendant, nor can tbe principal defendant collect tbe debt from bim. However, in some jurisdictions, it is expressly provided by tbe statutes tbat tbe service of garnishment shall create a lien.” 28 C. J., 252.
In the instant case, no execution bad been served on the garnishees, prior to the payment by them of money to the defendant, Davison Chemical Company, and, therefore, no lien had been acquired upon any specific property owned by the garnishees. Tbe contention of appellants tbat there is error in tbe order requiring tbe defendant, Davison Chemical Company, to return the money to tbe jurisdiction of the Superior Court of Craven County must be sustained. This provision in tbe order and so much thereof as provides for its enforcement should be stricken from the order.
Upon tbe facts found by Judge Frizzelle, and set out in bis order, there is no error in tbe other provisions by which tbe garnishees are restrained and enjoined from making further payments on their indebtedness to tbe Davison Chemical Company, until tbe final determination of tbe action. 0. S., 813, subsection 2. Tbe defendant, Davison Chemical Company, and tbe garnishees may move in tbe Superior Court of Craven County, at any time, tbat tbe bond required of tbe plaintiffs shall be increased in amount, to tbe end tbat said defendant and tbe garnishees shall be fully protected against loss or damage resulting from tbe injunction.
Tbe order as modified in accordance with tbis opinion is affirmed.
Modified and affirmed.