Richardson v. Barnhart

HURST, V. C. J.

This case involves two revivorship proceedings.

M. J. Richardson sued C. H. Barn-hart and Katie Barnhart, his wife, to recover a money judgment and to foreclose a real estate mortgage. The defendants filed a cross-petition to recover a money judgment against the plaintiff, and recovered a joint money judgment on their cross-petition. On February 2, 1938, they caused an execution to be issued thereon. They permitted -more than five years to elapse without issuing an alias execution, and the judgment thereby became dormant. On March 29, 1943, they filed a motion to revive the…