Scarbrough v. Bell

C. H. Bell, as administrator of the estate of W. T. Bell, foreclosed a bill of sale against Luther Scarbrough, returnable to the city court of Colquitt County, under which levy was made. The defendant filed an affidavit of illegality. The plaintiff made an oral motion in term to strike the affidavit of illegality which was overruled. The defendant amended the affidavit of illegality over the objection of the plaintiff Exceptions pendente lite were filed by the plaintiff assigning error on the overruling of the motion to dismiss the affidavit and allowing the amendment thereto. The jury…