Williams v. McArthur

An execution in favor of the National Building and Loan Association of Montgomery, Ala., against C. E. and P. H. Williams, was levied upon property belonging to P. H. Williams, who thereupon tendered to McArthur, the sheriff of Sumter county, an affidavit of illegality, which the officer refused to accept. Williams then sued out a petition for mandamus to compel the sheriff to accept the affidavit; the court refused to make the mandamus absolute, and Williams excepted. One ground of this affidavit was as follows: “Because said execution was signed, or purports to be signed, by J. H. Allen,…