Byrd v. Byrd

1. Where property is levied on as the property of the defendant in execution, and the entry of levy so recites, it is presumably the property of the defendant in execution, and an affidavit of illegality filed by the defendant in execution need not allege that the property is the property of the affiant. See in this connection Walker v. Equitable Mortgage Co., 112 Ga. 645 (37 S. E. 862).

2. This being an issue formed upon the hearing of an affidavit of illegality based upon the ground that the affiant was, at the time of the alleged *736service upon him by the leaving' of copies at his most…