Bell v. Electric Appliance Co.
Bell v. Electric Appliance Co.
Opinion of the Court
Executions were levied upon merchandise and other property covered by stated alleged liens, and sales were made subject to the liens with notice that purchasers would be required to give bond. The sheriff refused to deliver the property sold to a purchaser unless the purchaser would execute a bond to secure the alleged lienholders. The court ordered the sheriff to deliver the property without first requiring a bond, and the sheriff took writ of error. As the sale was made subject to the liens and as the lienholders were not parties to the proceeding in which the sheriff was ruled to deliver the property to the purchaser without a bond, and as the sheriff should not thus be subjected to responsibility to the lien-holders for not taking a bond to secure the liens, the order requiring the sheriff to deliver the goods to the purchasers without requiring a bond is reversed.
Reference
- Full Case Name
- J. M. Bell, as Sheriff, in Error v. Electric Appliance Company, in Error
- Status
- Published
- Syllabus
- Where an execution sale is made subject to liens with notice that purchasers would be required to give bond to indemnify the sheriff against claims of such lien holders, the sheriff should not be required to deliver the property to purchasers without bond, particularly when the lien holders are not parties to the proceeding against the sheriff.