Fuller & Oglesby v. Vining

Lumpkin, Justice.

The fi. fa. referred to in the head-note was, in June 1888, levied upon certain property of D. M. Yining, the plaintiff’s attorney having placed in the sheriff’s hands an affidavit to the effect that the property was subject, although covered by a homestead. Yining hied a counter-affidavit to the effect that the property had been regularly and legally set apart as a homestead, and denying that it was subject to This fi. fa. The final verdict in this case was against the counter-affidavit, and a judgment was rendered ordering the fi. fa. to proceed. The sameji.fa. was…