Whenever any officer, required by law to give an official bond, acts under a bond which is not in the penalty, payable, or conditioned as prescribed by law, or is otherwise defective, such bond is not void, but stands in the place of the official bond, subject, on its condition being broken, to all the remedies which the person aggrieved might have maintained on the official bond of such officer, executed, approved, and filed according to law.
Code 1858, § 773 (deriv. Acts 1843-1844, ch. 103, § 14); Shan., § 1094; Code 1932, § 1836; T.C.A. (orig. ed.), § 8-1921.
Cross-References. Defective bail bond, §§40-11-129,40-11-131.
Sheriff and sureties not liable for wrongs of any deputy sheriff, title 8, ch. 8, part 3.
Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 591, 594.
Tennessee Jurisprudence, 5 Tenn. Juris., Bonds, § 6; 22 Tenn. Juris., Replevy and Forthcoming Bonds, §§ 7, 12.