Griffin v. Elliott

Warner, Chief Justice.

This ease came before the court below on an affidavit of illegality to an execution which had been levied on the land of the defendant, and was submitted to the decision of the court without the intervention of a jury, upon the following agreed statement of facts: “ That on the seventeenth day of October, 1871, defendant borrowed the money of the plaintiff with which to purchase the -land levied on, and that he, the defendant, did pay the identical money so borrowed for the said land so levied on; that the agreement between plaintiff and defendant at the time the…