Breach of bond - levy on security - sale.

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Where bonds are taken by a sheriff for the future delivery of property and the defendant or his security does not return the property named in the bond conformably to the condition thereof, the officer having such execution may proceed to execute the same in the same manner as if no levy had been made. In case the defendant's property, or a sufficiency thereof, cannot be found, the officer may proceed to levy on so much of the property of the security in the delivery bond as will make the amount called for in such bond. The property which may be so taken may be sold, by giving notice thereof, as prescribed in section 13-57-101, and no future delivery bond shall be allowed.

Source: R.S. p. 379, § 31. G.L. § 1432. G.S. § 1864. R.S. 08: § 3651. C.L. § 5949.

CSA: C. 93, § 59. CRS 53: § 77-7-3. C.R.S. 1963: § 77-7-3.


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