Shadrick v. Toms

(After stating the foregoing facts.) In Morris-Bell Co. v. Wall, 32 Ga. App. 774 (124 S. E. 814), the headnotes are as follows: “On the trial of the issue raised by an affidavit of illegality the question of title to the property levied on is not involved, and neither side can inject this issue into the case. An affidavit of illegality in which the defendant in execution avers that the property levied on is his property is not subject to dismissal on the ground that his testimony at the trial shows it to be the property of another, and that therefore the court has no jurisdiction of the…