Legal Opinion

Koning v. Bayard

U.S. Circuit Court for the District of Southern New York

Decided November 19, 1829Published

[This was a scire facias by William Iioning against William Bayard, Jr., and others, to revive judgment against William Bayard, deceased, and for execution on the lands and tenements of said William Bayard, deceased. William Renwick, terre tenant, pleads specially. The case is now heard on demurrer to plea.]

1Opinion of the Court

THOMPSON, Circuit Justice.

This case comes before the court on a general demurrer to the plea, to a scire facias issued in the cause to revive the judgment and obtain execution thereon. The scire facias prays execution to be levied on the lands and tenements whicH were of William Bayard, deceased, on the 20th day of September, in the year 1825, being the day on which the judgment against him was docketed. To this scire facias William Renwick, one of the terre-tenants, pleaded that after the judgment was given, and before any execution had been issued thereon, the executors of William Bayard,…

2Cases cited26 opinions

  1. Stow v. TifftNew York Supreme Court · 1818
  2. Jackson ex rel. Stewart v. TownNew York Supreme Court · 1825
  3. Russell v. GibbsNew York Supreme Court · 1826
  4. Van Rensselaer v. Sheriff of AlbanyNew York Supreme Court · 1823
  5. Nichols v. ChapmanNew York Supreme Court · 1832

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