General Gas Corp. v. Robinson

Felton, Chief Judge.

1. “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 avail himself of any defense which he might have set up, according to law, in an. ordinary suit upon the demand secured by the mortgage, and which goes to show that the amount claimed is not due.” Code § 67-801.

2. “The plea of non est factum is a denial of the execution of the instrument sued upon, and applies to notes and other…