Duke v. Randolph

Warner, Chief Justice.

This was an affidavit of illegality to an execution filed by the administrator of Green M. Duke, deceased. The administrator alleged in his affidavit that the execution which had been levied on the property of his intestate, as he was advised and believed, was proceeding illegally against the estate of his intestate, because, neither the said Green M. Duke, deceased, nor the said Samuel G. Barnett, (the other defendant named therein,) ever had any notice of the pendency of the suit upon which the judgment was founded, until execution issued against them. The plaintiff…