McMichael v. Mackey

■ Rowell, J.

1. While the affidavit which the defendant is allowed to, file in a mortgage foreclosure for the purpose of making his defense is spoken of as an affidavit of illegality, it is not governed hy the ordinary rules as to affidavits of illegality. It is amendable to the same extent as ordinary pleas. See Civil Code of 1895, §5122; Ragan v. Coley, 4 Ga. App. 421, 426 (61 S. E. 862), and authorities cited.

2. Where one partner is indebted to another by promissory note, and dissolution of the partnership is agreed upon, and a statement of its bills payable and bills receivable is made up,…