Jackson v. Scanland
Mississippi Supreme Court
Appeal from the Circuit Court of Adams County. T. Otis Baker, Esq., Special Judge, by agreement of the parties, Hon. Ralph North, Judge, having been of counsel in the case. On April 12,1861, MaryM. Morrison recovered a judgment for $16,501.33 in the Circuit Court of Adams County, against W. L. Jackson. This judgment was duly revived in April, 1814; and on the 14th of May, 1814, and the 22d of December, 1880, respectively, execution was issued thereon.
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Appeal from the Circuit Court of Adams County. T. Otis Baker, Esq., Special Judge, by agreement of the parties, Hon. Ralph North, Judge, having been of counsel in the case. On April 12,1861, MaryM. Morrison recovered a judgment for $16,501.33 in the Circuit Court of Adams County, against W. L. Jackson. This judgment was duly revived in April, 1814; and on the 14th of May, 1814, and the 22d of December, 1880, respectively, execution was issued thereon. Mary M. Morrison resided in Arkansas and died there in December, 1882, leaving a will, but without naming an executor. On December 1, 1881,…
1Opinion of the CourtCampbell, J.
As seven years had elapsed after the 22d December, 1880, and before the 2d March, 1888, when this execution was issued, it was barred by Sec. 2614 of the Code, unless the execution of the 12th December, 1881, saved it from the bar. It did not, because it was not such an execution as is contemplated by the statute, which has in view one issued at the instance of one entitled to enforce the judgment, and who attempts to do it in pursuance of a right to do it. The right to enforce a judgment by execution is preserved as long as a period of seven years is not permitted to elapse after the date of…
2Cases cited3 opinions
- Harris v. WestMississippi Supreme Court · 1852
- Nye v. Cleveland, Lewis & Co.Mississippi Supreme Court · 1856
- Seavy v. BennettMississippi Supreme Court · 1887
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- City Savings & Trust Co. v. BranchieriMississippi Supreme Court · 1916