Oliver v. Rutland

1. Where the levying officer’s entry of levy on an execution describes the property levied on and recites that it was levied on as the property of the defendant and was found in his possession, an affidavit of illegality to arrest the levy, filed by the defendant in execution, which contains an identical description of the property as described in the execution, and recites that the execution has been levied on the property and is proceeding illegally, is not defective because of a failure of the defendant to allege specifically that the property levied on belonged to him. Wactor v. Marshall,…