Meeks v. Johnson

Jackson, Chief Justice.

This is an affidavit of illegality to an execution issued on the foreclosure of a mortgage given by the intestate of plaintiff in error to Abda Johnson, the intestate of Fannie T. Johnson, executrix, for the use of one Thrash. The record discloses several grounds taken in the affidavit, but the view which we entertain of the case dispenses with the necessity of considering but one. That one, we are clear, was illegally overruled on demurrer, and on that ground the judgment must be reversed.

That ground is:

“Because Abda Johnson, being original plaintiff in said action,…