Mullaly v. Townsend

Citations

• 6 Cal. Unrep. 483
• 61 P. 950
• 1900 Cal. LEXIS 1106

Syllabus

<p>Attachment—Kedelivery Bond—Mortgage of Property.—K. executed to plaintiff a redelivery bond, signed by defendants, to secure the release of an attachment; and, after the release, K. executed a mortgage on the property. Plaintiff, after obtaining judgment against K., issued, an execution; but the sheriff released the levy and returned the execution unsatisfied, because the property was claimed by the mortgagor, whereupon plaintiff sued defendants on the redelivery bond. Held, that the levy of the execution by the sheriff constituted a sufficient demand by plaintiff for the return of the property to support an action against the sureties on the bond.</p>