
    Doerflinger vs. Nelson.
    Where an affidavit of illegality was interposed to the levy of & fl.fa., on the ground that it had been paid, the defendant in fi. fa. was not a competent witness to prove that such payment was made by him to the counsel for plaintiff in fl.fa., such counsel having since died. 72 Ga., 143; 75 Id., 502.
    (a.) An affidavit of illegality on the ground of payment being filed, and there being no evidence of such payment, it was properly dismissed.
    Judgment affirmed.
    January 26, 1886.
   Jackson, Chief Justice.  