First National Bank v. Johnson

Smith, P. J.,

— This matter comes before the court on defendants’ motion and rule to set aside a sheriff’s execution on their real property. It is the contention of defendants that until plaintiff has exhausted her legal remedy against their personal property, the issuance of a writ of fieri facias and the proceedings thereunder are irregular and illegal. The judgment note entered of record in this case for the sum of $605.16 contains the provision:

“Release of all errors and without stay of execution and exemption and extention upon any levy on real *314estate ... no benefit of exemption may be…