Artope v. Barker

Jackson, Chief Justice.

[An execution in favor of Barker against J. B. Artope, as trustee for his wife and children (naming them), was levied on certain lots. The cestuis que trust named, together with J. B. Artope, as guardian of the minor children of a deceased daughter, a Mrs. Hodgkins, filed an affidavit of illegality on various grounds..

The original fi. fa. having been lost before the trial, a copy was established on motion. Defendant moved to dismiss the levy because the copy established bore date November 1,1883, while the fi. fa. purported to have been issued, and the levy to have been…