Saddler v. Glover

Judge Marshall

delivered the Opinion of the Court.

We are inclined, to the opinion, and it seems to be established by the case of Hagan vs. Tobin, (Spring Term, 1837,) that a surety in a delivery or forthcoming bond, may, where there has been an improper refusal on the part of the sheriff to receive the property, though tendered to him, in substantial compliance with the bond, be relieved from the forfeiture imposed by law, for a non-delivery—being still made responsible for so much of the property as may appear to have been subject to the execution. We are also inclined to the opinion, that a…