It appearing that a personal decree for money could not be
given, and the circumstances of the parties not being shown to have
changed since the security was taken, a motion for additional
security on the supersedeas bond was denied.
Motion for additional security on the supersedeas bond.
Page 108 U. S. 5
MR. CHIEF JUSTICE WAITE delivered the opinion of the Court.
This motion is denied. It does not appear from the motion papers
that the decree appealed from is collectible under ordinary
execution. The fair inference from the statements in the papers is
that the suit was instituted to subject the lands in dispute to the
payment of a debt, and that no personal decree for money can be
given against the appellants. The controversy seems to be as to the
rights of the appellee in the lands. The present bond is sufficient
in amount to protect him against loss pending the suit from sales
for taxes if he avails himself of the remedies by redemption and
subrogation which the law affords. At any rate, the circumstances
of the parties do not appear to have changed in this particular
since the security was taken originally.