115 Ga. 722 | Ga. | 1902
On the trial of certain issues arising on the interposition of an affidavit of illegality by Smith, to the levy of two executions in favor of Zachry on certain land as the property of Smith, an agreed statement of facts to the following effect was submitted by the parties: In October, 1898, Zachry obtained two judgments against Smith in the county court of Troup county, on which executions were issued and levied on eighty acres of land as the property of Smith, on November 12, 1898. The defendant filed a voluntary petition in bankruptcy on November 4,1899. The plaintiff did not appear in the bankrupt court nor attempt to prove his claim against the defendant. Smith was properly discharged as a bankrupt on October 13, 1900. The affidavit which was interposed by Smith was based on two grounds: “ 1. Because the executions are barred, having been killed and paid by deponent’s
Affirmed.