Smith v. Zachry

Hill, O. J.

Two executions, issued from the county court of Troup county against J. H. Smith and in favor of J. T. Zachry, were levied upon certain property of the defendant in execution. To the levies the defendant in execution filed an affidavit of illegality'-, in which he set up that the judgments upon which the executions were based and the executions were barred by the statute of limitations, and therefore dormant, under section 3761 of the Civil Code. The plaintiff in execution filed a traverse of the ground of the affidavit of illegality. By consent, the issue thus' made was submitted…