Henderson v. Overton

Opinion of the court delivered by

Judge Catron.—

In 1798, Overton caused an attachment to issue against the estate of David Allison, which was levied upon land. At this stage of the proceeding Allison died. A sci.fa. was run to bring in William Blount, as executor of Allison. Blount made no defence, and judgment was rendered against him by default, and Overton recovered against him the sum claimed. At the next term, an order was made by the Sumner county court, where the proceedings were had, that a sci.fa. should issue against the heirs of David Allison, to show cause why judgment should not…