
    Hubbard v. Taylor.
    April Term, 1794.
    Forthcoming Bonds — Failure to State against Whom Issued and upon Whom Property Levied — Effect.  — If a forthcoming bond do not recite, against whom the execution issued, and upon whose property it was levied, it may be gnashed on motion.
    This was an appeal from a judgment of the District Court of Charlottesville, affirming the judgment of the County Court of Charlotte, upon a bond given for the forthcoming of property taken under execution.
    The condition of the bond is, “that if the said Hubbard and Tomkies, shall deliver to Samuel White, sheriff &c. on Friday the 15th day of June next, at Charlotte court house, being the day of sale appointed by the said sheriff, three negroes [by name] which were taken under execution by a writ of fi. fa. issued from the office of the County Court of Charlotte, to satisfy the said John Taylor the sum of ^151: 6: 11] then” &c.
    The objection to the judgment, insisted upon by Mr. Wickham, was, that the condition does not mention the person against whom the execution issued, or upon whose property it was levied.
    
      
      Forthcommg Bonds — Failure to State against Whom Issued and upon Whose Property Levied — Effect.—Tf a forthcoming bond does not state against whom the execution is issued and upon whose property it is levied, it may be guashed on motion. For this proposition, the principal case is cited in Downman v. DowntnaH, 2 wash. 191; Lewis v. Thompson, 3 Hen. & M. 103; Glascock v. Dawson, 1 Munf. 608. See mono-graphic note on “Statutory Bonds” appended to Goolsby v. Strother, 21 Gratt. 107.
    
   By the Court.

The law. requires that the execution should be described in the condition of the bond which not being sufficiently *done in this case, in the instances mentioned at the bar the judgment is erroneous.

Judgment must be reversed, and the motion of the appellee on the said bond overruled — The bond and execution quashed.  