Carter v. Commercial Credit Co.

1. On the trial of an issue formed by the filing of an affidavit of illegality to the foreclosure of a retention-of-title or conditional-sale contract, where it appeared from the evidence that the defendant did not tender to the sheriff the amount appearing to be due without contest and not denied in the affidavit, it was not error for the court to dismiss the affidavit of illegality on motion of the plaintiff. Code, § 67-2401(7).

*471Decided October 1, 1938. I. J. Bussell, for plaintiff in error. Parker & Parker, contra.

2. It is not necessary to the validity of a levy in the foreclosure of a…