Fite v. Whittemore

The tax-collector of Gordon county issued an execution against Mrs. M. A. Foster for “State, county, and school tax.” This execution was levied upon personal property “as the property of Mrs. Kate Foster Whittemore,” and she filed an affidavit of illegality. Hpon the trial of the issue formed on the affidavit of illegality the trial judge passed the following order: “It being admitted in open court by the plaintiff in fi. fa. that Mrs. M. A. Foster was dead when the execution levied was issued, on motion of claimant the levy thereunder is dismissed and judgment rendered' against plaintiff for…