Rice v. Lowry

J. I. Lowry, sheriff, for the use of the plaintiff in fi. fa., brought suit upon a forthcoming bond signed by W. W. Rice Jr. as principal, and E. B. Stuart as surety. The petition was in two counts; the first count being based on the ground that a portion of the property described had been disposed of prior to the time when it was advertised for sale; and the second count, on the ground that the property was not produced or delivered.at the time and place of sale. It was alleged in each count that the bond had thereby been breached. It was recited in the forthcoming bond that the principal…