George v. DAVISON-PAXON COMPANY

The

defense attempted to be interposed against the levy was to the effect that the defendant E. C. George is the owner of the property levied upon, and that the same constitutes a part of the property set apart to him on April 13, 1954, by order of the Ordinary of Fulton County as homestead property exempt from levy and sale. The oral motion to strike was on the ground that such pleading amounted to a claim by the defendant E. C. George, and that it was ineffective as such in that no claim bond was filed in support thereof. Code § 39-802 makes mandatory the giving of a bond made payable to the…