11-51-39 - Requirements of supersedeas bond where judgment appealed from directs sale or delivery of possession of real estate.
§ 11-51-39. Requirements of supersedeas bond where judgment appealed from directs sale or delivery of possession of real estate.
If the judgment appealed from directs the sale or the delivery of possession of real estate, the supersedeas bond shall be conditioned to pay all damages, and not to commit or suffer to be committed any waste thereon, and to pay the value of the use and occupation thereof until the delivery of possession, in case the possession is to be surrendered, if the judgment appealed from shall be affirmed. In such case, the chancery court, when the cause shall be remanded, shall ascertain the value of the use and occupation and of any waste committed and the damages, and shall render such judgment therefor against the obligors in the supersedeas bond, or the representatives of any who have died, as may be necessary to secure the rights of the party entitled to such judgment. A judgment for the sums assessed shall be rendered against the obligors in the bond or such as are alive; and if any be dead, like proceedings may be had in all respects as provided for in other cases of deceased obligors in bonds given in legal proceedings.
Sources: Codes, 1880, § 2328; 1892, § 53; 1906, § 54; Hemingway's 1917, § 30; 1930, § 33; 1942, § 1167; Laws, 1978, ch. 335, § 21; Laws, 1991, ch. 573, § 85, eff from and after July 1, 1991.