Claim by third persons

Checkout our iOS App for a better way to browser and research.

  • If the property taken is claimed by any other person than the defendant or his agent, and such person makes affidavit of his title thereto or his right to the possession thereof, stating the grounds of such title or right, and serves the same upon the marshal before the delivery of the property to the plaintiff, the marshal shall not be bound to keep the property or deliver it to the plaintiff unless the plaintiff, on demand of him or his agent, shall indemnify the marshal against such claim by an undertaking, executed by two sufficient sureties, accompanied by their affidavits that they are each worth double the value of the property as specified in the affidavit of the plaintiff, over and above their debts and liabilities, exclusive of property exempt from execution.
  • No claim to such property by any other person than the defendant or his agent shall be valid against the marshal unless made as aforesaid; and notwithstanding such claim when so made he may retain the property a reasonable time to demand such indemnity.


Download our app to see the most-to-date content.