Bomer v. Meeks

Citations

• 106 Miss. 870
• 64 So. 833

Syllabus

<p>1. Sequestration. Liability on bond. Code 1906, sections 565 and 4223.</p> <p>Where a bill in chancery was filed seeking to recover the possession of certain property and the rental value of the same, and a writ of sequestration was prayed for and obtained and the sheriff sequestered the property and defendant gave bond under section 565, Code 1906, with sureties for the forthcoming of the property and final decree was entered against the principal for the rental value of the property under the contract and for the value of the property and against the principal and the sureties on the forthcoming bond for the value of the property and damages for the detention of the property, that part of the decree awarding damages for the detention of the property against the sureties on the forthcoming bond was erroneous.</p> <p>2. Same.</p> <p>Although the bond given in such case was substantially in the form of the bond provided for under Code 1906, section 4223, in suits of replevin and under this section, the proper judgment for the plaintiff would be for the value of the property and damages for the wrongful detention thereof, yet where the suit is a bill for sequestration and not a replevin suit, section 565, Code 1906 and not section 4223 applies.</p> <p>3. Sequestration. Bond. Statute. Code 1906, section 565.</p> <p>Under Code 1906, section 565, providing for the giving of a bond for sequestered property, where the value of the property seized is greatly in excess of the debt sought to be recovered, it is only necessary for the defendant to enter into a bond for double the amount of the debt claimed. Where the debt is equal to or in excess of the value of the property seized, the penalty of the bond must be double the value of the property seized, so that in case the property be not forthcoming, the amount of the decree and all probable cost can be recovered from the obligors.</p>