Wester v. Cairo Banking Co.

It appears from the record that an execution in favor of the Cairo Banking Company, issued from the superior court *186of Seminole County against C. P. Wester, was levied upon certain property of the defendant, who filed an affidavit of illegality, averring that he was never served with a copy of the petition and process in the suit which was the foundation of the execution, and that he never appeared and pleaded or authorized any one else to do so for him, and never had his day in court. He further averred that, since the term of court at which the judgment was obtained, it had come to his…