Neal v. Heard

An execution against John C. Neal and in favor of ■George W. Heard was levied on a tract of land, to which Sallie E. Neal interposed a claim. On the trial of the claim in the superior court the fact came to light that the execution was issued on a judgment rendered on September 19, 1893, notwithstanding George W. Heard had died on April 2 of that year. The claimant made a motion to dismiss the levy, on the ground that this judgment was void, having been obtained after the death' of the plaintiff to the action in which it was. rendered. The trial judge overruled this motion, directed a verdict…