Matthews v. Reid

A horse was levied on under foreclosure of a mortgage execution in favor of Reid against Barks. Matthews interposed a claim, and set up that the affidavit required by law for foreclosing the mortgage was not made, that no oath was administered to the plaintiff’s attorney whose name is signed to the affidavit, and that the signature to the jurat was made by the clerk of the superior court after the levy was made and the claim interposed, without any authority of court and in vacation. The jury found the property subject, and claimant’s motion for a new trial was overruled.

It appeared that the…