Steele v. Atlanta Land Improvement Co.

A fi.fa. against Harrison, Lowe, Steele and Gress was levied on a city lot as the property of Gress, December 8, 1890. This levy was dismissed by plaintiff’s attorneys on February 2, 1891, and the execution was levied on three city lots as the property of Steele, who interposed an affidavit of illegality which, on demurrer, was dismissed, and he excepted.

The grounds of illegality insisted on were, in brief: (1) The j udgment from which the fi. fa. issued was illegal in that it was rendered upon a suit founded on a written contract set forth in the declaration, which contract upon its face…