Dawson v. Planters Bank

(After stating the foregoing facts.) Under section 6041 of the Civil Code of 1910, any defendant in execution whose personal property has been levied upon “'by virtue of any fi. fa. or other legal process from any court,” whether he intends to contest the validity of the fi. fa. or process or the amount due thereon, has the right to give bond, acceptable to the levying officer, for the delivery of the property on the day of sale or at any other time agreed to by the levying officer. The purpose of such a bond is to enable the defendant to retain the possession of the property. It does not…