§ 10-5-17 - Release of real estate on bond.
SECTION 10-5-17
§ 10-5-17 Release of real estate on bond.– Each sheriff in each county wherein any officer commanded by any original writor writ of mesne process to attach the real estate or right, title, andinterest in the real estate of any defendant has attached the real estate ordefendant's right, title, and interest therein, whether during his or hertenure as sheriff or during the tenure of a prior sheriff, shall, by himself orherself or through his or her deputies, release and discharge the attachmentupon the public records at any time after the attachment and before finaljudgment or decree:
(1) Upon being tendered a bond, running to the sheriff andhis or her successors in office, by the defendant or someone in his or herbehalf with sufficient surety, which surety shall be a surety corporationauthorized so to act in this state, in the penal sum of the amount of damagesstated in the writ, with condition that the bond shall be null and void ifthere is a settlement or discontinuance of the action or cause, or if the finaljudgment or decree in the action or cause in which the writ of attachment wasserved shall be immediately paid and satisfied after the rendition of the finaljudgment or decree, or if the execution issued in the writ be returnedsatisfied, or if final judgment or decree in the action or cause is for thedefendant, or upon the happening of any event which, ipso facto, would haveresulted in the extinguishment of the lien of the attachment had the attachmentnot been released and discharged pursuant to the provisions of this section; or
(2) Upon payment by a defendant, or by someone in his or herbehalf, of the amount of damages stated in the writ, into the registry of thecourt in which the action or cause is then pending, and the clerk thereof shallimmediately notify the sheriff of the fact of the payment and thereafter shallpay from the amount so deposited to the plaintiff, if final judgment or decreeis in his or her favor, so much thereof as may be required to satisfy his orher execution, and shall pay the balance, if any, of the amount so deposited,with actual accrued interest, if any, to the defendant, and if judgment ordecree in the action or cause is for defendant, in the event upon presentationof execution in his or her favor, the amount so deposited, with actual accruedinterest, if any, shall be immediately paid to the defendant, but such amountmay at any time be paid by the clerk as the parties may by their agreementstipulate, or as the court upon motion of any party in interest may direct.