8.01-476 - New execution after loss of property sold under indemnifying bond.

§ 8.01-476. New execution after loss of property sold under indemnifying bond.

When property sold under an execution, or its value, is recovered from anobligor on an indemnifying bond given before such sale, or from a purchaserhaving a right of action on such bond, the person having such execution, orhis personal representative, may, by motion, after reasonable notice to theperson, or the personal representative of the person, against whom theexecution was, obtain a new execution against him, without credit for theamount for which the property was sold under the former execution. Suchmotion shall be made within the period of time prescribed by § 8.01-255.2.

(Code 1950, § 8-408; 1977, c. 617.)