Hunter v. Davidson

Warner, Chief Justice.

This was an affidavit of illegality to a mortgage fi. fa. It appears from the record and bill of excetions, that on the 28th of January, 1876, M. Hunter, the defendant in fi. fa., filed an affidavit of illegality thereto, upon four grounds, which, at the May term of the court thereafter, were considered and all overruled, except one in relation to the advertisement of the property, which was sustained, and the property was ordered to be re-advertised, when the defendant filed the following second affidavit of illegality:

First, because the plaintiff has obtained a common…