Lightfoot & Flanders v. Freeman

Warner, Chief Justice.

This was a rule against the sheriff of Wilkinson county. The court, on hearing the answer of the sheriff, which was not traversed, discharged the rule, and the plaintiffs excepted. It appears from the answer of the sheriff that he had levied the fi. fa. placed in his hands on the land of defendant, advertised the same for sale, and was proceeding to sell, when he was served with an affidavit of illegality by the defendant, in which he alleged that he had been adjudicated a bankrupt; that in his schedule of property returned to the bankrupt court, he had returned the land…