Gregory & Brother v. Hendricks

On the foreclosure of a mortgage on personal property, the execution was levied, and the defendant filed an affidavit of illegality, and was allowed to retain possession of the property upon his executing a bond containing an obligation to “produce or cause to be produced and forthcoming the said property described, to answer the judgment in said case,” and to “well and truly pay the eventual condemnation money, whatever it may be.” The trial of the illegality case resulted in a verdict for the plaintiffs in fi. fa., “for the full amount sued for,” together with 25 per cent, thereof as…