Bosson v. Bosson

Whitman, Judge.

Where a judgment has been fully satisfied by payment it is axiomatic that an execution based on it is a nullity. Lenett v. Lutz, 215 Ga. 369, 370 (110 SE2d 628). In *630such cases an affidavit of illegality may be interposed. Code § 39-1001.

Argued January 3, 1968 Decided April 12, 1968. G. Hughel Harrison, for appellant. Bloch, Hall, Groover & Hawkins, Wilbur D. Owens, Jr., for appellee.

If an affidavit of illegality is interposed to an execution and levy, the plaintiff, if he desires, may controvert the facts contained in the affidavit, in which case an issue shall be joined and…