McFarlin v. Breves

1. There was no motion to dismiss the levy of the mortgage fi. fa. upon the ground that the justice of the peace had not notified the mortgagor at the time of issuing the execution upon the affidavit of foreclosure, and, in the absence of' an appropriate request,‘the judge did not err in failing to charge the jury that it was the duty of the magistrate, with whom the mortgage and affidavit to foreclose it were filed, to give notice to the mortgagor of the proceedings to foreclose, at the time of issuing the execution, and that if the proof showed that he failed to do this, the jury should…