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Rule 705. Defendant May Discharge Replevy Bond


Within ten days after the rendition of the judgment provided for in the preceding rule, the defendant may deliver to the sheriff or constable who levied said writ of sequestration the property or any part thereof which the defendant has bound himself to have forthcoming to abide the decision of the court, and which property has not been injured, damaged, or depreciated since the replevy. Such officer shall receipt the defendant therefor, and shall immediately proceed to carry out the judgment of the court, either by making delivery of such property to the plaintiff, selling the same as under execution, or otherwise as the court has directed in such judgment. Upon filing such receipt with the papers in the cause, the defendant and the sureties on his replevy bond shall be credited by the clerk or justice of the peace upon the liability upon their replevy bond with the value of the property so returned. Such credit shall not constitute a credit upon any money judgment foreclosing any lien upon such property, but the amount of credit in such cases shall be determined by sale as under execution.

Source: Art. 6853

Change: The rule is made applicable to replevy situations where the suit is to foreclose a mortgage as well as where it is for title and possession. The tender is to be made to the officer who levied the writ. Responsibility for depreciation is specifically imposed on the defendant.

Oct. 29, 1940, eff. Sept. 1, 1941.


Sept. 20, 1941, eff. Dec. 31, 1941