Clark v. Watkins Co.

J. R. Watkins Company, plaintiff in fi. fa., caused a levy to be made on certain property of W. H. Clark, defendant in fi. fa. Clark interposed an affidavit of illegality, upon various grounds; to which the plaintiff in fi. fa. demurred, generally and specially. On March 24, 1930, the court sustained the demurrer and struck the affidavit of illegality except the portion which alleged full payment of the execution; and as to this allegation, Clark was allowed thirty days to amend and set up how payment was made, whether made before or after judgment, and the amount of the payment. This…