Stancel v. Puryear

Warner, Chief Justice.

This case came before the court below on an appeal from a justice court, on the trial of an affidavit of illegality to an execution. The defendant stated in his affidavit, “ that to the best of his knowledge and belief, the above stated fi.fa. is proceeding against him illegally, for the following reasons, to-wit: because said fi. fa. has been settled and fully paid off.” The plaintiff in fi.fa. made a motion to dismiss the illegality, upon the ground that the affidavit was insufficient. The court sustained the motion, and the defendant excepted.

The defendant should have…