Gibson v. Lock

Citations

• 58 Miss. 298

Syllabus

<p>1. Attachment eor Kent. Property claimed, by third person. Remedy.</p> <p>The common-law rule that all personal property found on demised premises is liable to be distrained for rent, has been changed by sect. 1631 of the Code of 1871; but if the owner of such property would avail himself of the benefit of the exemption therein created, he must replevy it before it is sold under the distress-wan'ant, and he has no other remedy.</p> <p>2. Same. Indemnifying hond. Action thereon.</p> <p>In a case of attachment for rent, the sheriff to whom the writ is directed cannot, before making a levy upon personal property found on the demised premises, demand of the plaintiff an indemnifying bond; and if such bond be given, it is voluntary and void, and will not support an action by a third person claiming to have owned the property levied upon.</p>