Requirement of Indemnity Bond

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The court, before whom the action is tried, may, in case recovery is had upon a lost instrument, require the party claiming under it to give bond with good security, in double the amount of the claim, payable to the opposite party, and conditioned to indemnify such party against any demand by action on such lost instrument; and execution shall be stayed until such bond is given.

Code 1858, § 3904 (deriv. Acts 1819, ch. 27, § 6); Shan., § 5697; Code 1932, § 9882; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 24-804.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 395.

Tennessee Jurisprudence, 12 Tenn. Juris., Executions, § 52.


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