Carr v. Houston Guano & Warehouse Co.

Lockhart, as principal, and Oarr, as security,, executed a forthcoming bond, the condition of which was that two mules which had been levied on as the property of the principal, under a mortgage fi. fa. against him, to which he had interposed an affidavit of illegality,' should be turned over by him *269to the levying officer in case the issue should be determined against him. The illegality was dismissed and the fi. fa. ordered to proceed; and the mules were advertised for sale by the sheriff, but were not forthcoming on the day of sale, having died before that time. The plaintiff in execution…