101 Ga. 180 | Ga. | 1897
The Yorkshire Guarantee & Securities Corporation Limited brought suit against Mrs. McCandless on a promissory note, praying a general judgment against her, and also a special judgment on certain property embraced in a deed which it was alleged she had executed to secure the debt upon which the suit was brought. A verdict and judgment were entered against her for the amount of the debt, which judgment was declared to be a special lien upon the property embraced in the deed, to be enforced in accordance with the provisions of section 1969 of the Code of 1882 (Civil Code, §2771). Execution was issued and levied upon the property embraced in the deed. Mrs. McCandless tendered to the sheriff an affidavit of illegality, setting up, among other grounds, that the deed reconveying the property, which had been filed and recorded in order to make the levy, was insufficient, in that it purported to be executed in the State and county of New York, and was attested by two witnesses, one of whom was an unofficial person, and the other signed himself as consul of the United States of America at Huddersfield, England. The sheriff refused to receive the affidavit of illegality; and she filed her petition in equity, praying that the sale of her property be enjoined. The application for injunction was denied, and she excepted.
Judgment reversed.