The officer executing the process shall seize and take into his possession and custody, according to the mandate of the process, the property described and shall hold it until the final determination of the suit between the parties, following the usual practice in attachment cases as to sale after judgment if the property seized be perishable and ordered sold by the court. But if a person claiming to be the legal owner of the property seized desire to do so pending suit, he may furnish good and sufficient security for the payment of such judgments as may be recovered by the plaintiff against him in the suit pending, to be approved by the officer issuing the process, and shall thereupon be entitled to the custody of the property seized, just as though no process had been issued against it. Claims of third persons in such cases shall be made and determined in the same manner as such claims in attachment cases.
HISTORY: 1962 Code Section 45-453; 1952 Code Section 45-453; 1942 Code Section 8790; 1932 Code Section 8783; Civ. C. '22 Section 5704; Civ. C. '12 Section 4174; Civ. C. '02 Section 3070; 1897 (22) 502; 1906 (25) 81.
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