Peeples v. Garrison & Son

Garrison & Son foreclosed a mortgage for $160 against Peeples, the plaintiff in error, by affidavit in Cobb superior court, on May 30, 1912; and on tbe sainé day the clerk issued a fi. fa. thereon, directed, as the law requires, “to all and singular the sheriffs, or their lawful deputies, and coroners of this State.” On June 19, 1912, this fi. fa. was levied on a horse by W. A. Bishop, a constable of a justice’s court, acting in this capacity and signing the levy as such constable. On the same day the defendant filed an affidavit of illegality, denying indebtedness on the mortgage; and gave…