Thorn v. First Nat. Bank of Opp

On Rehearing.

In the application for rehearing it is again insisted that the return of the sheriff on the bond, whereby he forfeited same, is not in conformity,with the statute. In this connection appellant cites the case of Jaffe v. Leatherman, 222 Ala. 326, 131 So. 902, in support of this contention.

Section 7391 of the Code 1923, provides: “If the unsuccessful party, who has given bond and taken the property into possession, fails, for thirty days after the judgment, to deliver the property, and to pay the damages assessed for the detention thereof, and the costs, the sheriff must upon the…