Ogden v. Smith

This was a proceeding by scire facias, upon the suggestion of the defendants in error, in the county court of Mobile, to subject the lands belonging to the estate of Thomas Ellison, deceased, to the.payment of a judgment against his executors.

The petition, or suggestion, sets out the judgment recovered against the said executors; that execution has been duly issued thereon, and returned “ no property found,” and that the same remains wholly unpaid, &e. “ That real estate has descended to the heirs of said Thomas Ellison, deceased, and that a sale of a part thereof is necessary for the…