The broad principle, then, governing suits against public
officers for property claimed by the state, is this : the action
may be maintained whenever grounded upon allied wrong-
ful possession of property of the plaintiff. The fact that
the defense depends upon the title of the state does not bar
the action. The direct interest of the state is not denied;
the state may, if it choose, join as party defendant. But
the interest of the state does not bar the separate right of
action against the officer* The propriety of the suit against
the officer depends not upon the interest of the state, but
upon the nature of the action.
CHAPTER IV.
Mandamus and Analogous Remedy in Equity.
