Von Puhl v. Rucker
Supreme Court of Iowa
Appeal from, the Lee District Court. In April, 1851, tlie plaintiffs recovered judgment in an action of right against Ambrose Rucker, one of the defendants, for the possession of the north-west quarter of section ten, township sixty-six north, of range five west, lying in Lee county.
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Appeal from, the Lee District Court. In April, 1851, tlie plaintiffs recovered judgment in an action of right against Ambrose Rucker, one of the defendants, for the possession of the north-west quarter of section ten, township sixty-six north, of range five west, lying in Lee county. No execution was issued on the judgment, and in the meantime, Rucker sold out his claim and possession to Garry Lewis, who, at the time of the commencement of this suit, claimed the land and improvements, and refused to surrender the possession to plaintiffs. In September, 1857, this suit was brought, to revive…
1Opinion of the CourtStockton, J.
— The plaintiff having lain by for five years after he had obtained judgment, without issuing execution it becomes necessary for him to revive it against the original defendant, in order to have process for enforcing it. By the common law, the writ of execution was to be sued out within a year and a day after judgment perfected; otherwise the court concluded, prima facie, that the judgment was satisfied, or execution released. To overcome this presumption, the party was compelled to resort to his action of debt on the judgment. By the statute of Westminster 2, (13 Edw. 1, ch. 45), the writ of…
2Cases cited5 opinions
- Jackson ex dem. Sternberg v. ShafferNew York Supreme Court · 1814
- Johnson's executors v. DeasonCourt of Appeals of Kentucky · 1814
- Bradford v. BradfordSupreme Court of Connecticut · 1823
- Moore v. GarrettsonCourt of Appeals of Maryland · 1854
- Heard v. FarisCourt of Appeals of Kentucky · 1822
3Cited by1 opinion
- Wright v. ParksSupreme Court of Iowa · 1860