26-3-113 - Order of levy after forfeiture of delivery bond.

26-3-113. Order of levy after forfeiture of delivery bond.

Upon forfeiture of the bond, the officer holding the execution shall levy immediately upon the property of the defendants who join in the bond, to satisfy the debt and costs to the plaintiffs and double costs to the officer; and if there shall not be property enough of these defendants found to satisfy the execution, such officer shall levy upon property of the sureties sufficient to satisfy so much of the amount as they had become liable for; and if the execution is still unsatisfied, it shall be the officer's duty to go upon such of the original defendants, if any, as did not join in the delivery bond.

[Code 1858, § 3048 (deriv. Acts 1831, ch. 25, §§ 2, 3); Shan., § 4776; Code 1932, § 8906; T.C.A. (orig. ed.), § 26-413.]