§ 9-13-127.Suspension of execution; return of execution, affidavit, and bond; determination by court; issue tried by jury

This section moves the affidavit of illegality out of the officer’s hands and into court, and it sets a pace for what happens next. Once the levy, affidavit, and bond are all in place, the officer has two duties, both framed as mandatory: suspend any further steps on the execution, and return the execution, affidavit, and bond to the next term of the court that issued the execution. The sale does not go forward while this is pending.

The court’s obligation is just as direct. It must make a determination at the first term after the return — the statute does not leave the matter to sit indefinitely. That determination can take one of two forms. If the plaintiff does not dispute the facts stated in the affidavit, the court can resolve the matter itself, largely as a legal question. If the plaintiff wants to controvert those facts, an issue is joined and a jury tries it, and that trial happens at the same term unless good cause is shown for a continuance.

The structure reflects the affidavit of illegality’s design as a genuine adversarial proceeding rather than a paperwork formality. A defendant’s sworn statement does not automatically defeat the execution; the plaintiff can put the underlying facts to a jury, but the statute keeps that fight moving on a set timetable rather than letting it drift.