Boyd v. Merriam

Trippe, Judge.

It was not denied on the argument by defendant in error that his execution was illegal and void. Counsel for defendant rested his case on the ground that there were two other fi. fas. also levied on the same property at the same' time, and as under them the sale was legal, he cannot be held liable for having his execution also levied. This position cannot be maintained. The fact that a valid and legal fi. fa. is levied on a defendant’s property, and is proceeding to sell it, neither justifies or excuses the enforcement of a void process against that property. Were it so, it…