Coppage v. Martin

Where property was levied upon by virtue of a distress warrant, and was claimed by a third person from whom the sheriff accepted the usual damage and claim bonds, and to whom he delivered the property, the sheriff could not afterwards discharge or waive any of the terms of the claim bond “so as to affect the interest therein of the plaintiff in fi. fa., without his consent.” Boyd v. Crews, 32 Ga. App. *207138 (5) (122 S. E. 802), Farmers & Merchants Bank v. Cochran, 37 Ga. App. 794 (1) (141 S. E. 919). In the instant suit against the surety upon a claim bond there was no evidence that the…