Henderson v. Brown

STEPHENS,

Associate Justice.—The question in this case is whether the .judgment in favor of plaintiff below, which awarded him the land sued for, was properly rendered for the costs of the suit against the smeties of the defendant on his replevy hond, given as provided in the sequestration statute.

It has been decided by this court that such replevy bond does not render the sureties liable for the costs of the suit. Collier v. Myers, 37 S. W. Rep., 183. It is quite clear that in terms the bond creates no such liability. But whether in executing the replevy bond the sureties do not make…