18 Ga. App. 77 | Ga. Ct. App. | 1916
The fi. fa. -which was the basis of the action now before us has heretofore been before this court. Redwine v. Jarrell, 14 Ga. App. 294 (80 S. E. 728). Epon the levy of the fi. fa. the defendant Street gave a forthcoming bond, with Clark and Crouch as his securities. The instant action is a suit for a breach of that bond. It appears that the defendants relied, among other defenses, upon a plea that the plaintiffs were estopped to set up a breach of the forthcoming bond, so far as certain seed-cotton included in the levy was concerned, and also upon the contention that even if there had been a breach, it had resulted in no damage to the plaintiffs in fi. fa., but that instead they were benefited by reason of the fact that the cotton embraced in the levy, and estimated to be about 175,500 pounds of seed-cotton ungathered in the field, was gathered and delivered to the sheriff as lint-cotton, ginned and baled, and that the seed had been separated therefrom and' were in marketable form.
Judgment affirmed.