Holden v. Peoples, Inc. of Rome

Bell, Chief Judge.

Appellee, the assignee of a conditional-sale contract for an automobile, filed an affidavit of foreclosure. The vehicle was levied upon pursuant to the execution issued by the clerk of the trial court. The appellant filed an affidavit of illegality. The trial court granted appellee’s motion for judgment on the pleadings.

The affidavit of foreclosure and the counter-affidavit of appellant do not raise any questions of fact. Appellant alleged in her affidavit of illegality that the contract was "usurious” on its face. An examination of the contract which is attached to the…