Guthrie v. Gaskins

Jenkins, Justice.

A defendant in fi. fa. by an affidavit of illegality sought to arrest a levy under the fi. fa., proceeding in favor of an administrator, by setting up as equitable defenses that in a former levy on different land under the sainé fi. fa. the plaintiff and the defendant in fi. fa. entered into an agreement by which the purchase-price of the land at the sheriff’s sale would be depressed, and the plaintiff in fi. fa. would acquire title either in himself as administrator or some other person designated by him, in full settlement of the debt; and that at such sale the land was bid…