Prescott

The plaintiffs brought an action in claim and delivery against one Ray Dillingham for the purpose of recovering the possession of certain fixtures installed and used in operating a service station, consisting of pumps, storage tanks and other accessories. A deputy sheriff served the papers in that action on Dillingham, took possession of the property and, some hours later, redelivered the property to that defendant after receiving . a bond executed by the defendants in this action. This bond recited that whereas the officer did on a day named “take from possession of the defendant or proceeded to take from the defendant’’ certain property which is described and, “whereas the said defendant desires to have the said property returned to him by the said J. A. Rivera. Now therefore, we, the undersigned, ... in consideration of the prem ises and of the redelivery of said property to the defendant do hereby jointly and severally undertake . . . and promise to the effect that we are bound in the amount herein stated, for the delivery of said property to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the…