Alexander v. Snow

1. Where the property of a tenant was levied on under an execution, and a forthcoming bond was given for the same by him, with his landlord as surety thereon, it is not a good legal or equitable defense to an action on such bond by the levying officer, when the bond has been breached by failure to deliver the property at the time and place of sale, that the landlord has an outstanding lien for supplies, which is superior in rank to the execution. Barfield v. Covington, 103 Ga. 190 (29 S. E. 759); Wall v. Finney, 136 Ga. 110 (70 S. E. 658); Elam v. Kelly, 148 Ga. 303 (96 S. E. 568).

2. In the…