Hayes v. Savannah Chemical Co.

1. Where an affidavit of illegality is interposed by the mortgagor to the foreclosure of a mortgage on personal property, the defendant shall execute a replevy bond as provided by section 3301 of the Civil Code of 1910, “conditioned for the return of the property when called for by the levying officer.” Brantley v. Baher, 75 Ga. 676; Shannon v. Vincent, 76 Ga. 837. The bond required by section 3304 of the Civil Code is required where an interested party other than the mortgagor seeks to interpose an illegality, or where under section 3287 of the Civil Code the debtor has placed himself in…