Whitehurst v. Universal CIT Credit Corporation

Evans, Judge.

Universal C. I. T. Credit Corporation, plaintiff, obtained a judgment against Burris Whitehurst, defendant, and caused an execution to be levied on certain real property of defendant, to which levy defendant filed an affidavit of illegality, contending the levy was excessive, and that the lands levied on were capable of division.

Plaintiff moved to dismiss the affidavit of illegality (in reality a motion to strike for failure to state a legal defense), because Code § 39-1004 provides that an affidavit of illegality is not a remedy for an excessive levy. Defendant then amended the…