Conway v. Backus & Co.
Conway v. Backus & Co.
Opinion of the Court
Opinion by
§ 266. Trial of right of ¿property; liability of sureties on claimant's bond; liability upon one bond not discharged by payment of the other; case stated. Martin, Byrne & Johnson sued A. P. Lee to recover a debt, and had attachment levied upon certain property as the property of said A. P. Lee. A. J. Lee claimed said property and executed bond, with appellants as his sureties, for trial of the right of property thereto. Martin, Byrne & Johnson recovered judgment against A. P. Lee for their debt and costs, and a foreclosure of their attachment lien upon the property claimed by A. J. Lee was declared, and judgment was also rendered against appellants’ sureties upon the claim bond for the value of said property. This judgment was paid in full by appellants. Subsequent to the levy of the attachment in favor of Martin, Byrne & Johnson, appellees sued A. P. Lee to recover a debt he owed them, and had an attachment levied upon the same property which had been seized under the attachment in favor of Martin, Byrne & Johnson. A. J. Lee again claimed the property and executed a claimant’s bond with appellants as his sureties. Upon the trial of this claim appellants pleaded the payment by them of the judgment in favor of Martin, Byrne &
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.