Stith v. Parham
Mississippi Supreme Court
Error to the Circuit Court of Marshall County. Hon. J. W. C. Watson, Judge. The plaintiff in error, an administrator de bonis non, moved to quash a scire facias, issued Sept. 21, 1874, to revive a judgment in favor of the defendants in error, rendered Sept. 4. 1866, against his predecessor, upon the ground that the writ was not issued within seven years after the rendition of the judgment, and on the overruling of his motion pleaded the seven years’ Statute of Limitations.
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Error to the Circuit Court of Marshall County. Hon. J. W. C. Watson, Judge. The plaintiff in error, an administrator de bonis non, moved to quash a scire facias, issued Sept. 21, 1874, to revive a judgment in favor of the defendants in error, rendered Sept. 4. 1866, against his predecessor, upon the ground that the writ was not issued within seven years after the rendition of the judgment, and on the overruling of his motion pleaded the seven years’ Statute of Limitations. The replication, a demurrer to which was overruled, averred that executions had issued Oct. 20, 1866, and Feb. 12, 1870,…
1Opinion of the CourtCampbell, J.
A judgment against an administrator may be revived by scire facias against his successor in the administration more than seven years after tire rendition of such judgment, but within “ seven years from the date of the issuance of the last preceding execution on such judgment.” An action of debt on a judgment must be brought within seven years next after its rendition or it will be barred, and a judgment ceases to be a lien after seven years from its rendition; but the right of the judgment creditor to enforce his judgment by execution is never barred if he does not permit seven years to…
2Cases cited1 opinion
- Buckner v. PipesMississippi Supreme Court · 1879
3Cited by1 opinion
- Berkson Bros. v. CoxMississippi Supreme Court · 1895