
    Ray v. Byrd.
    Argued April 30, —
    Decided May 30, 1903.
    Trover. Before Judge Felton. Crawford superior court. November 28,' 1902.
    
      B. B. Smith and Mathews & Biley, for plaintiff.
    
      W. J. Wallace, contra.
   Lamar, J.

Property having been levied on, the defendant in fi. fa. brought ■ bail-trover against the officer, giving bond, under the Civil Code, § 4606, for, ' the forthcoming of the property to answer the judgment in the case. The • officer prevailed in the suit, and elected to take a money verdict. Held, that he had only a qualified interest in the property; and where it was worth more than the amount of the fi. fa., he was only entitled to recover a verdict for an amount sufficient to satisfy and discharge the execution under which the levy had been made, Holmes v. Langston, 110 Ga. 864 (2).

Judgment reversed.

By five Justices.  