Supreme Court of Georgia April 12, 1923, No. 3424 (DeLay v. Latimer)

Hines, J.

(After stating the foregoing facts.)

The claimant moved to dismiss the levy, on the ground that the judgment upon which the execution issued was void for lack of service upon the defendant against whom it was rendered. The suit in which the mortgage was foreclosed was one by petition and process. This suit was returnable to the July term, 1919, of Fulton superior court.