Branan v. Lee

Warfield & Lee brought suit by attachment for the recovery of the purchase-price of two mules, and also foreclosed a mortgage on certain personal property executed to secure the same. The cases were carried, by appeal, to the superior court, and there, with consent of counsel, the two cases were consolidated. The defendant’s pleas were stricken by the court, and an amendment offered by him was disallowed; and error is assigned on these-rulings.

1. The defendant, by affidavit of illegality to the mortgage fi. fa. and by way of answer to the declaration in attachment, pleaded failure of…