Carter v. Brandy

Citations

• 71 Miss. 240

Syllabus

<p>1. Attachment in Chancery. Non resident. Refunding bond. Code 1880, 'i 1902.</p> <p>Where, in an attachment in chancery, a decree is rendered against a nonresident defendant on publication only, without appearance, an execution thereon, issued before complainant has given the security required by \\ 1902, code 1880, for abiding further orders of the court and restoring the property if defendant should appear and answer, is void, and a sale thereunder passes no title.</p> <p>.2. Same. Refunding bond. When given. Void sale. Collateral attack.</p> <p>Such refunding bond must be given after the decree and before proceedings to enforce it. The fact that the decree itself directs the issuance of a writ for the sale of the property does not validate, even as against collateral attack, a sale made under an execution issued before the giving of such security.</p>