Collier's Adm'r v. Windham
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. Thomas A. Walked,. ActioN under the Code by Joshua Collier against Irvine Windham, on a bond of indemnity.
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Appeal from the Circuit Court of Madison. Tried before the Hon. Thomas A. Walked,. ActioN under the Code by Joshua Collier against Irvine Windham, on a bond of indemnity. The complaint states, in substance, that at the March term, 1845, of the Circuit Court of Limestone county, William Brandon obtained a judgment against Achilles Whitlock, for a sum specified in the complaint ; that on this judgment execution issued in the lifetime of Whitlock, and “ a chasm intervened”, and he died, and on the 8th March, 1841, a fieri facias issued, which was delivered to the. plaintiff, who then was the…
1Opinion of the CourtRice, J.
The general rule is, that an execution issued after the death of the defendant therein named, without a revival of the judgment, is a nullity. An exception to this rule obtains, where an alias or pluries is issued after his death, to continue a lien which has been acquired by a former execution before his death, and which has not been lost by “ a chasm” or otherwise. — Fryer v. Dennis, 3 Ala. 254; Henderson v. Gandy, 11 ib. 431; Holloway v. Johnson, 7 ib. 660 ; Stewart v. Nuckols, 15 ib. 225.
According to the statements of the complaint, the execution under which the plaintiff made the levy…
2Cases cited3 opinions
- Fambro v. GanttSupreme Court of Alabama · 1847
- Renfro v. HeardSupreme Court of Alabama · 1848
- Fryer v. DennisSupreme Court of Alabama · 1841
3Cited by6 opinions
- Sloss-Sheffield Steel & Iron Co. v. NationsSupreme Court of Alabama · 1938
- Town of Stratford v. Fidelity & Casualty Co.Supreme Court of Connecticut · 1927
- Hutton v. WilliamsSupreme Court of Alabama · 1877
- Meyer v. HearstSupreme Court of Alabama · 1883
- Walker v. GrahamSupreme Court of Alabama · 1934
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