Universal C.I.T. Credit Corp. v. Hall

Felton, Chief Judge.

The first question before this court is whether or not the defendants below, as conditional-sale vendees, could challenge the legality of the foreclosure proceedings by affidavits of illegality filed after executions based upon the plaintiff’s affidavits of foreclosure had been issued and levies made thereon.

Code § 67-801 provides: “When an execution shall issue upon the foreclosure of a mortgage on personal property, as herein-before directed, the mortgagor or his special agent may file his affidavit of illegality to such execution, in which affidavit he may set up and…