McLellan v. Lunt
Supreme Judicial Court of Maine
The defendant was appointed executor of the last will of Daniel Lunt, on the 2d of March, 1824, accepted the trust, and complied with the requirements of law, in giving notice of such appointment. Within four years of that time the plaintiff, as executrix of the will of Samuel McLellan, recovered a judgment against the estate of Daniel Lunt under the administration of the defendant, as his executor.
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The defendant was appointed executor of the last will of Daniel Lunt, on the 2d of March, 1824, accepted the trust, and complied with the requirements of law, in giving notice of such appointment. Within four years of that time the plaintiff, as executrix of the will of Samuel McLellan, recovered a judgment against the estate of Daniel Lunt under the administration of the defendant, as his executor. After the expiration of the four years the plaintiff brought an action of debt on the judgment, which action this Court decided was barred by the statute of limitations. 2 Fairf. 150. The present…
1Opinion of the Court
After a continuance, for advisement, the opinion of the Court was drawn up by
Shepley J.
It is provided by stat. ch. 60, sec. 3, that “ if the party shall neglect for the space of one year next after obtaining judgment to take out his execution, or shall not within one year next after his execution shall be returned not satisfied, take out his alias or jpluries, he shall sue out his writ of scire facias against the adverse party to shew cause, if any he hath, why execution ought not to be done; and upon his not shewing sufficient cause, the Court shall award execution for what remaineth with…
2Cited by5 opinions
- Hann v. MerrillSupreme Judicial Court of Maine · 1973
- Hann v. MerrillSupreme Judicial Court of Maine · 1973
- Myrick v. JamesSupreme Judicial Court of Maine · 1982
- Myrick v. JamesSupreme Judicial Court of Maine · 1982
- Parker v. WillardSuperior Court of New Hampshire · 1808