Mitchell v. St. Maxent's Lessee
Supreme Court of the United States
Eruoe to the District Court of tbe Northern District of Florida. The case was thus: On a proceeding on foreign attachment, judgment had been obtained in Florida, November 12th, 1825, against St. Maxent, a non-resident, but who owned certain lands in Escambia County there. St. Maxent died on the 25th day of November, 1825. On the 26th day of November a fien facias was issued. The sheriff returned it December 1st, 1825, “ levied on the land” in question.
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Eruoe to the District Court of tbe Northern District of Florida. The case was thus: On a proceeding on foreign attachment, judgment had been obtained in Florida, November 12th, 1825, against St. Maxent, a non-resident, but who owned certain lands in Escambia County there. St. Maxent died on the 25th day of November, 1825. On the 26th day of November a fien facias was issued. The sheriff returned it December 1st, 1825, “ levied on the land” in question. Then followed a venditioni exponas, but all proceedings were stayed by injunction. Then, on the 21st of December, 1826, a writ of fieri facias…
1Opinion of the CourtJustice Davis
The solution of one question presented by the record is decisive of this case.. Does the writ of fieri facias, tested and issued after the death Of the party against whom the judgment is rendered, confer power on the ministerial officer to execute it? That St. Maxent was the owner of the lands in controversy at the time of his death, and the plaintiffs below are his heirs-at-law, is admitted; but it is claimed that the title was divested by certain proceedings in attachment against him in the courts of Florida, which ripened into a judgment while he was alive. It is a weil-settled pi’inciple…
2Cited by29 opinions
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- Citibank, N. A. v. Data Lease Financial CorporationCourt of Appeals for the Fifth Circuit · 1981
- Martin v. EvansCourt of Appeals of Maryland · 1897
- McCall v. JonesSupreme Court of Alabama · 1882
- Iselin v. La CosteCourt of Appeals for the Fifth Circuit · 1945
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