1. Appeal and Ekeok — Liability on Supebsedeas Bond — Defenses.

A claim that certain property was not that covered by a mortgage, as it was adjudged to be by a decree of foreclosure, cannot be set np in defense to an action on a bond given to supersede said decree pending an appeal therefrom, that question having been concluded by the decree.

[Ed. Note. — For cases in point, see Cent. Dig. vol. 3, Appeal and Error, §§ 4792-4704.]

2. Equity — Masters in Chancery — Liability for Acts--Mortgage Foreclosure — 'Wrongful Seizure of Property.

In case property not embraced in a decree foreclosing a mortgage is seized for sale by the master appointed to sell, such officer is liable to the owner in trespass, or the owner may pursue any other appropriate remedy in any proper court, subject to the limitation that while the property is in the actual or constructive possession of the court under whose i>rocess it was taken it cannot be interfered with by any other court

3. Appeal and Error — Supersedeas Bond — Nature—Breach—Liability.

After the rendition of a decree foreclosing a mortgage certain property was seized thereunder for sale. No application was made to the court for the release of the property as not embraced in the mortgage and decree, but a defendant obtained possession of it by taking an appeal from the decree and giving a supersedeas bond conditioned that he would hold the property “subject to the proper order and decree that may be entered Anally in said cause.” The decree was affirmed, but pending the appeal the property was destroyed by Are. Held, that such bond was a forthcoming bond, and the obligors were liable thereon for the value of the property as therein stated.

4. Same— Summary Entry of Judgment.

The court has power to enter a, summary judgment on a supersedeas bond given on appeal from a decree foreclosing a mortgage on personal property for the value of such property, where, after affirmance of the decree, it is' not produced.

[Ed. Note. — For cases in point, see Cent Dig. vol. 3, Appeal and Error, § 4778.]