Owen v. Cunningham

Felton, Chief Judge.

The court’s ruling, that it was too late for the plaintiff in fi. fa. to file a traverse at the time requested, followed by summarily granting a judgment in favor of the defendants in fi. fa. solely upon the grounds set out in their affidavits of illegality, raises the question whether the plaintiff in fi. fa. must file a traverse to an affidavit of illegality which has been filed to a levy under an execution of a foreclosure of a mortgage on personalty in order to join the issue for trial by a jury.

There are two separate sections in our Code which pertain to filing of…