Pait v. McCutchen

Citations

• 43 Tex. 291

Syllabus

<p>•1. Replevy bond.—Upon seizure of a slave in 1857, found in the possession of C., under sequestration in a suit against B., a bond was executed which recited on its face that it was given by C., as principal, and B. and another, as surety, conditioned that C. “should have her (the slave) forthcoming to abide the decision of the court, or will pay the value thereof In case the suit be decided against him; ” 0. was not a party to the suit, but the bond was signed first by B., the defendant : Held, that the bond, though irregular, must be treated as a replevy bond executed by the defendant, and a judgment rendered thereon is not affected by said irregularity.</p> <p>2. Replevy bond, liability on.—When one who believed his possession to be rightful executed a replevy bond for the delivery of a slave in 1857, and was afterwards, when final judgment was rendered, prevented from delivery of the property by the laws of the United States and Texas, by reason of its having ceased to be property, he was relieved thereby from all liability on his bond.</p>