Avary v. Avary

Candler, Justice.

(After stating the foregoing facts.) This case arose by a statutory claim for land. The plaintiff in fi. fa., by a petition in aid of his levy, converted it into an equitable proceeding to cancel a number of deeds from the defendant in fi. fa. to the claimant, one of which was for the land under levy. The claimant by response to the petition, which he afterwards amended, sought to prevent cancellation by showing: (1) that the execution which had been levied and the judgment on which it issued were void; and (2) that he was a bona fide purchaser for a valuable consideration of…