Court of Appeals of Georgia May 7, 1908, 916 (Padgett v. Waters)

Hill, C. J.

1. Under the Civil Code, §4738, when an affidavit of illegality is filed on the levy of an execution, it is the duty of the levying officer to “return the execution, affidavit, and bond, to the next term of the court from which the execution issued.” 'No exception to this rule arises by reason of the fact that the levy is upon land.

2.