Wall v. Mount
Supreme Court of Georgia
Action on bond. Before Judge Sheffield. Terrell superior court. May 27, 1904. Wall obtained a judgment against Huckaby. The execution was placed in the hands of Watson, special constable, who, it is alleged, was not familiar with the duties of the office. He levied' the fi. fa. on certain cotton, which was claimed by Hillsman.
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Action on bond. Before Judge Sheffield. Terrell superior court. May 27, 1904. Wall obtained a judgment against Huckaby. The execution was placed in the hands of Watson, special constable, who, it is alleged, was not familiar with the duties of the office. He levied' the fi. fa. on certain cotton, which was claimed by Hillsman. The latter, with Mount as security, gave a bond in the sum .of $100, ■ payable to Andrew Wall, plaintiff in fi. fa., reciting the levy, and conditioned that “ if the said principal shall well and truly deliver said property to said officer [Watson] on the day and place…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) The cotton was under levy. Presumptively it would have been sold and the proceeds turned over to the plaintiff in fi. fa. The sale was prevented by the claimant giving a bond in which he bound himself to return the property in the event it was found subject to the execution on the trial of the claim case. This bond was improperly made payable to Wall, the plaintiff in fi. fa., instead of to Watson, the levying officer, as required by the Civil Code, § 4615.. It *834was therefore defective as a forthcoming bond. But if it was the means by which the possession…
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