[An affidavit to foreclose a mortgage on personalty was made, and to the levy the defendant interposed an affidavit of illegality under §3975 et seq. of the Code. No bond was given nor any affidavit of inability made. On demurrer, the justice dismissed the affidavit, and the defendant carried the case to the superior court by certiorari. The certiorari was overruled, and the defendant excepted.]