Ragan v. Smith

A judgment was rendered against a partnership, and execution, directed against the partnership, was levied upon certain lands as the property of the partnership. The affiant, one of the partners, interposed his affidavit of illegality, in which he set up that the execution was proceeding illegally because the title to the property levied upon was in him, and that his individual assets were not subject to.a judgment against the partnership, in that he had not had his day in court, was not served with a copy of the suit, and did not appear and defend the action in his own behalf. The court…