Reese v. Brinkley

1. “ In a suit upon a forthcoming bond, the only question to be decided is whether or not there has been a breach of the bond. Ho issue can properly be raised as to the title of the property involved.” McFarland v. Lee, 10 Ga. App. 698 (2) (73 S. E. 1091), and citation.

2. In a suit upon a forthcoming bond, proof that the defendant (the principal on the bond) refused, upon demand, to deliver the property which has been found subject, shows a breach of the bond. This is true although it was recited in the bond that the property wras to be forthcoming at the time and place of sale, and the proof…