§ 58-74-25. Mortgage in lieu of bond to prosecute or defend in civil case.
§58‑74‑25. Mortgage in lieu of bond to prosecute or defend in civilcase.
It is lawful for any persondesiring to commence any civil action or special proceeding, or to defend thesame, his agent or surety, to execute a mortgage on real estate of the value ofthe bond or undertaking required to be given, at the beginning of said action,or at any stage thereof, to the party to whom the bond or undertaking would berequired to be made, conditioned to the same effect as such bond orundertaking, with power of sale, which power of sale may be executed upon abreach of any of the conditions of the said mortgage after advertisement for 30days. (1874‑5, c. 103, s. 1; Code, s. 117; Rev., s.269; C.S., s. 35.)