Miles v. Davis

Citations

• 36 Tex. 690

Syllabus

<p>1. Where an execution against sureties on a replevin bond is for a greater amount than their bond, the execution is liable to be enjoined for the excess.</p> <p>2. Sureties on a replevin bond are bound only for the value of the property not forthcoming on demand; and as the sheriffs valuation of the property levied on in this case was not in accordance with law, he having made an aggregate valuation of real and personal property, the sureties should have heen allowed, on their injunction bill, to prove the value of the property not forthcoming, and to enjoin the execution as to the residue of the judgment.</p> <p>3. Where an attachment has heen levied on both real and personal property, and the property attached has been replevied, the replevin bond will be regarded as applying to the personal property only.</p>