McLendon v. Turner

Hawkins, Justice.

In 1861, J. B. Ross, as surviving partner, obtained a judgment in Macon superior court against Samuel Turner; as principal, and M. W. McLendon, indorser.

In 1868, Turner was adj udged a bankrupt, and discharged in 1870. In 1874, McLendon paid the fi. fa., as indorser, and took control of it to reimburse himself from his principal. In 1879, he caused the fi. fa. to be levied on real estate of Turner, which he had acquired with the use of means received after his adjudication as a bankrupt. The *578day before the sale, Turner filed an affidavit of illegality to said fi. fa., upon…