Gosa v. Clark & Sons Inc.

E. A. Clark & Sons Incorporated foreclosed a mortgage on personalty against W. L. Gosa in the city court of Leesburg. Defendant in fi. fa. filed an affidavit of illegality to the mortgage execution, denying generally that he was “indebted to the plaintiff in the above-stated case, on behalf of the mortgage foreclosed in said case, in any sum whatever.” A demurrer being interposed on the grounds (a) that the affidavit of illegality did not as a whole or in any of its parts show any defense to plaintiff’s execution, and (6) that said affidavit of illegality sets up no legal defense, and amounts…