Redwine Bros. v. Street

The fi. fa. -which was the basis of the action now before us has heretofore been before this court. Redwine v. Jarrell, 14 Ga. App. 294 (80 S. E. 728). Epon the levy of the fi. fa. the defendant Street gave a forthcoming bond, with Clark and Crouch as his securities. The instant action is a suit for a breach of that bond. It appears that the defendants relied, among other defenses, upon a plea that the plaintiffs were estopped to set up a breach of the forthcoming bond, so far as certain seed-cotton included in the levy was concerned, and also upon the contention that even if there had been a…