Weems v. Stokes

Speer, Justice.

The tax collector of Lee county issued a tax fi. fa. for state and county taxes for the year 1877, against Wal*89ter H. Weems, agent and trustee, for one hundred and fourteen dollars. On the 2d of April, 1878, said ft. fa. was transferred by him to G. M. Stokes. On the 1st of February, 1879, Stokes caused the ft. fa. to be levied on certain lands as the property of Weems, as agent and trustee. To this levy Weems, the defendant, filed his affidavit of illegality, in which he swears the ft. fa. is proceeding illegally: “ Because said execution has been, paid to said Stokes since the…