Legal Opinion

Huey's Administrator v. Redden's Heirs

Court of Appeals of Kentucky

Decided October 27, 1835PublishedCited by 3 opinions

SCIRE facias. From the Circuit Court for Boone County.

1Opinion of the CourtChief Justice Robertson

After a fieri facias, in favor of Huey, and against Redden and Mason, had been levied on the property of the debtors, both Huey and Redden died; and thereupon, a scire facias was issued in the name of Huey’s administrator, and against Mason and the heirs of Redden, for reviving the judgment. Mason pleaded the levy and the fact that it was “still binding the property,” in bar of the scire facias. The Court overruled a demurrer to the plea; and the plaintiff having failed to reply, judgment was thereupon rendered in favor of the defendants; to reverse which, this writ of error is prosecuted.

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2Cited by3 opinions

  1. Parker v. MiseSupreme Court of Alabama · 1855
  2. Holeman's ex'r v. Holeman's heirsCourt of Appeals of Kentucky · 1866
  3. Venable v. Smith's ex'orCourt of Appeals of Kentucky · 1864

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