First State Bank v. Martin

The opinion of the court was delivered by

Porter, J.:

The appellants were sureties on a redelivery bond given in an action of replevin. Suit on the bond resulted in a judgment against them, from which they appeal.

The facts are that the .First State Bank owned a note secured by a chattel mortgage on 249 head of cattle, and brought replevin to recover possession. The sheriff found and took all the cattle described in the mortgage except 79 cows and 32 calves, when the defendants executed and delivered to him a redelivery bond for all the cattle. The sheriff approved the bond, but the plaintiff in…