Gelders v. Mathews

This was an affidavit of illegality to the levy of a mortgage fi. fa. upon personal property. The bond filed with the affidavit varied from the replevy bond required in such cases by §2766 of the Civil Code, in the following particulars: First, the condition of the bond was for the delivery of the property levied upon “at the time and place of sale” instead of “for the return of the property' when called for by the levying officer.” Second, the levying officer was made the obligee in the bond instead of the plaintiff in fi. fa. Because of the variance in the above particulars a motion was…