Where an affidavit of illegality was filed to an execution based on the foreclosure of a mortgage on personal property, and the affiant neither gave bond with security for the forthcoming of the property nor made affidavit of his inability, from poverty, to do so, the affidavit of illegality was properly dismissed. Code, §§3975, 3976; Brantly us. Baker, (last term). 1 Ga., Law Reporter, 272.

Judgment affirmed.