Morris v. Murphey & Co.

Atkinson, Justice.

1. In 1878 a judgment was obtained, and in 1879 an execution issued thereon. In 1882 another judgment by *308a different plaintiff' was recovered against the same defendant. In 1893 the execution issued on the older judgment was levied on certain land as the property of the defendant in execution, and he, between the date of the rendition of the judgment and the date of the levy, having died, the administrator upon his estate filed an affidavit of illegality to the execution, on the ground that the judgment which was the basis of plaintiff’s execution was dormant and that the…