Ransom v. Williams
Supreme Court of the United States
Ransom brought ejectment against Williams, in the Circuit Court for the Northern District of Illinois. Both parties claimed title from Galbraith. The plaintiff relied upon a sheriff’s deed, made pursuant to a sale under an execution upon a judgment against Galbraith and others, obtained in the.
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Ransom brought ejectment against Williams, in the Circuit Court for the Northern District of Illinois. Both parties claimed title from Galbraith. The plaintiff relied upon a sheriff’s deed, made pursuant to a sale under an execution upon a judgment against Galbraith and others, obtained in the. State court of Ogle County, on the 27th of March, 1841. The execution was issued on the 25th of November’, 1847; the sale made on the 25th of November, 1848, and the deed executed on the 24th of July, 1849. The defendants claimed under a deed from Galbraith and wife, dated on the 81st of May, 1842.…
1Opinion of the CourtJustice Swayne
By the common law, the death of either party arrested all further proceedings in the case. If the death occurred before judgment, the suit abated. If there was but one defendant, and he died after judgment, no execution could issue unless it was tested before the death occurred. In such case it was necessary to revive the judgment by scire facias. The statute of Westminster 2d (13 Edward I) first gave a remedy against the lands of judgment debtors. The same rules applied to a writ of elegit sued out under that statute. If there was more than one defendant, apd one of them died, execution…
2Cases cited1 opinion
- Williams v. Peyton's LesseeSupreme Court of the United States · 1819
3Cited by18 opinions
- Deputron v. YoungSupreme Court of the United States · 1890
- Insley v. United StatesSupreme Court of the United States · 1893
- Wright v. AtwoodIdaho Supreme Court · 1921
- Mayer v. AdamsWest Virginia Supreme Court · 1885
- Coral Gables, Inc. v. ChristopherSupreme Court of Vermont · 1937
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