Mathews v. Hillyer

The Chief Justice

delivered the opinion of the court.

This was a proceeding to set aside an execution on the ground of illegality.

Execution was issued from the Circuit Court of Marion county, upon a judgment rendered in favor of appellee against Mathews in the Circuit Court, under which the Sheriff levied upon the land of Mathews.

Mathews then made an affidavit that the execution was illegally issued in9 this, th(it the judgment lien liad been, before the issuing of the execution, fully satisfied and discharged, by substituting therefor a note and mortgage se~ curity' by the defendant, Mathews,…