Duvall v. Barron

The court did not err in dismissing the affidavit of illegality based upon the three following grounds: (a) The first ground was that the execution was originally in favor of the sheriff, who had transferred it to the plaintiff in fi. fa., and the levy was made by the sheriff’s deputy. No facts were alleged to show that the deputy was not duly qualified, or why he was disqualified, to make the levy. (6) The second ground was that the suit upon which the execution was founded was upon an alleged lost note, and that there was no proceeding to establish the note, either in the suit or otherwise,…