Estoppel to Deny Validity of Bond

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If any officer or other person, as hereinafter provided, who is required by law or in the course of judicial proceedings to give bond for the performance of an act or the discharge of duty, receives money or property upon the faith of such bond, such officer and the officer's sureties are estopped to deny the validity of the bond or the legality of the proceedings under which the money or property was obtained.

Code 1858, § 774; Shan., § 1095; Code 1932, § 1837; T.C.A. (orig. ed.), § 8-1922.

Cross-References. Sheriff and sureties not liable for wrongs of any deputy sheriff, title 8, ch. 8, part 3.

Textbooks. Tennessee Jurisprudence, 11 Tenn. Juris., Estoppel, § 49; 12 Tenn. Juris., Executors and Administrators, § 81; 21 Tenn. Juris., Public Officers, §§ 15, 18; 22 Tenn. Juris., Replevy and Forthcoming Bonds, §§ 7, 12.


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