Toland v. Swearingen & Smith

Citations

• 39 Tex. 447

Syllabus

<p>',1. Securities on replevy bond for property seized under a distress warrant are liable only for return of the property after judgment foreclosing the lien fixed by the levy; hence it is held, that if the plaintiff either consent to take a mere personal judgment, or if he fail to establish his claim to foreclosure, he has lost all remedy against the property levied on, and the sureties on replevy bond are released.</p> <p>:3. In the absence of proof of insolvency of the principal in a replevy bond, suit cannot be maintained against the sureties.</p>