Whelchel v. Duckett

An action on a forthcoming bond was brought in 1891, by Duckett who was sheriff in 1887, suing for the use of Suddeth, plaintiff in ft. fa., against A. S. Whelchel as principal, and A. S. Whelchel, executor of D. *133Whelchel, as security. The bond was dated May 2, 1887. The property mentioned therein was levied on by Duckett as sheriff, and advertised for sale the first Tuesday in. June, 1887. The declaration alleges that this property, of the aggregate value of $705, was not delivered to the sheriff’ at the time and place of sale, and that it was again duly advertised for sale on the first…