Longino v. Bennett

T. R. Bennett, as State superintendent’of banks, issued an execution for $500 against J. H. Longino as the owner of stock in the defunct Farmers & Traders Bank. When the execution was levied on certain realty as the property of Longino he set up by affidavit of illegality the following defense: “Deponent was not on.October 14, 1926, or at the time of the failure of said Farmers & Merchants Bank of Atlanta, or at any time during the period of more than one year prior to the failure of said bank, a. stockholder of said bank. This fact was known to said bank, whose knowledge was acquired by J.…