Walker v. Small Equipment Co.

Fbankum, Judge.

This case arose on the levy of a fi. fa. issued upon the foreclosure of a “conditional sale contract” covering certain personal property (as authorized by Code § 67-1601) in the manner in which chattel mortgages are foreclosed by affidavit under Code § 67-701, and the filing of an affidavit of illegality by the defendant in fi. fa. under Code § 67-801. After the trial court sustained certain grounds of the plaintiff’s demurrers to the defendant’s defensive pleadings, the plaintiff filed its motion for a summary judgment against the defendant, and upon a hearing on the motion…