Gertztowt v. Humphrey

Certain real property was sold as appellant’s under execution to satisfy a judgment obtained by respondent. Thereafter it was judicially determined in other proceedings that appellant had no title to such property.

This action was instituted by respondent, after three years but within four years of such determination, against appellant, under section 8-312, I. C. A., to revive the original judgment because of the detailed failure of title.

The trial court rejected appellant’s defense that section 8-312, I. C. A., created a statutory liability barred in three years by section 5-218, I. C. A.,…