Salmon v. Lynn

1. No legal defense to an action on a forthcoming bond, the execution and breach of which were not denied, was presented by a plea setting up that the title to the property described in the bond was not in the principal maker at the time of its execution, and that the surety thereon had been garnished by the plaintiff, in another suit, brought for the recovery of the same debt from the principal, and had been discharged by the judgment in the garnishment proceeding.

2. In an action on a forthcoming bond, no issue can properly be raised as to the title to the property involved. When the…