Cook v. Buchanan

Simmons, Justice.

Buchanan foreclosed in a justice’s court a chattel mortgage against Rebecca Everingham and John W. Cook. Execution was issued thereon and levied on the mortgaged property. An affidavit of illegality was filed by McMichael as special agent of the defendants. A trial was had in the justice’s court and judgment in favor of Buchanan was rendered against the defendants, and they entered an appeal to the superior court. When the case was called in the superior court, Buchanan demurred to the affidavit of illegality, on the ground that it was filed by a special agent of the…