Little v. Peoples Bank

A mortgage fi. fa., issued in favor of the plaintiff on the foreclosure of a bill of sale as if it were a chattel mortgage, was levied on certain property of the defendant, who filed an affidavit of illegality thereto in the justice’s court on the following grounds: (1) That the plaintiff in fi. fa. claimed principal and interest as one lump sum, instead of dividing the total into one sum as principal and one sum as interest; (3) that where the plaintiff in fi. fa. files a copy of the alleged mortgage instead of the original mortgage with his affidavit of foreclosure, the copy of the mortgage…