US Lawyer Database

§ 29-33-105. New Replevy Bond

The new replevy bond, if given, shall be made payable to the original surety, and such surety is authorized to act in reference to the property as if the surety had been the plaintiff in the action. The new bond shall be filed with the original replevy bond, and may be enforced by judgment or […]

§ 29-33-106. Attachment of Replevied Property

If the principal fail to give such counter security within five (5) days after the service of notice, the clerk of the court is authorized upon affidavit of the facts, to issue a writ to the sheriff, commanding the sheriff to seize and hold such property, according to the terms of the original seizure or […]

§ 29-33-107. Fiduciary Bond — Petition for Release

The surety of any guardian, executor, or administrator, trustee or assignee for creditors, who conceives the surety to be in danger of suffering by the suretyship, and desires to be relieved therefrom, may file a petition, in writing, in the county court, or the court having cognizance of the estate or fund. Code 1858, § […]

§ 29-33-108. Relief to Surety on Fiduciary Bond

Upon such petition and notice, the court may compel the principal to give other sufficient security, or counter security, to be approved by the court, or to deliver up the estate to the petitioner, or such other person as may be directed, and may make such other orders and decrees for the relief of the […]

§ 29-33-109. Substitution of Surety as Fiduciary

Should no person be found willing to accept the office, and give the security required, the applicant surety shall qualify in the place of the principal; otherwise, the liability will continue until a successor is appointed and qualified. Code 1858, § 3674; Shan., § 5444; Code 1932, § 9606; T.C.A. (orig. ed.), § 23-2709.