Bennett v. Barr

1. Although, in an affidavit of illegality interposed by the defendant to a levy of an execution, it may not appear that the property levied on belonged to him, yet where the property as described in the affidavit is the same as described in the levy, and the property levied on is described in the levy as being property of the defendant in execution, the affidavit of illegality is not defective because of a failure of the defendant to allege specifically therein that the property belonged to him. Wactor v. Marshall, 102 Ga. 746 (29 S. E. 703); Oliver v. Rutland, 48 Ga. App. 326 (172 S. E.…