Stanley v. McWhorter

Hall, Justice.

This was a rule to distribute money between various contesting judgment creditors. The execution controlled by McWhorter represented the oldest lien, but the other creditors insisted that it was dormant, unless it was kept in life by this entry on the fi.fa., viz: “ December 1st, 1881. Paid on the within execution five dollars; balance due and unpaid; ” signed by the defendants. Upon the idea that the dormant judgment act was a statute of limitations, and that this entry would be sufficient to prevent the bar of that statute, the superior court held that it took this judgment…