Knights v. Martin

This was a motion to quash an execution isshed upon a judgment confessed in vacation, and to set aside the judgment. Shortly after the judgment was confessed the judgment debtor executed to appellee a deed of assignment of all his property for the benefit of his creditors. The motion was made in the name of the judgment debtor and his assignee, but before decision the debtor formally withdrew the motion as to himself, and it was afterwards prosecuted by the assignee. The Fulton circuit court, at the December term thereof, 1893, denied the motion. The assignee thereupon appealed to the…