101 P. 209 | Or. | 1909
delivered the opinion of the court.
The undertaking obligates the sureties to redeliver to the sheriff all of the property mentioned, and a tender of less than all will constitute a breach thereof. A delivery of part of the property does not discharge any part of the penalty; and, if the condition of the undertaking be broken, the whole of the penalty may be
It is stipulated in the undertaking that the property released to defendants is of the value of $1,600, and. that amount is fixed as the penalty for its breach, and this cannot be disputed by defendants. See authorities last above cited. The part of the property taken by the sheriff was sold in the manner provided by law, and applied upon the judgment, and the parties are bound by the result of such sale, and defendants cannot contend now that the property was of a different value, and thus require plaintiff in the suit to account for a
Judgment is affirmed. Affirmed.