Mills v. Hackett

Citations

• 65 Tex. 580
• 1886 Tex. LEXIS 711

Syllabus

<p>1. Sequestration—Return of property—Judgment—The defendant in a sequestration suit is allowed to tender to the proper officer, within ten days after judgment, the sequestered property in payment of its value, but a provision to that effect is not required to be inserted in the judgment itself. The defendant can avail himself of this privilege without any order of court.</p> <p>2. Surety on replevin bond—Party to suit—Costs—A person by becoming a surety on a replevin bond becomes a party to the suit, and is liable to have costs adjudged against him.</p> <p>8. Same—Sequestration—Dismissal of suit as to deceased surety—Judgment— The dismissal of a sequestration suit as to one of the sureties on the defendant’s replevin bond, who has died pending the suit, and whose estate is insolvent, will not vitiate the judgment in favor of plaintiff. The court would have no power to release the deceased surety’s estate from responsibility, awd a dismissal of the suit as to him would not operate as such release.</p>