Bradley v. Mullins

OpinioN by

Judge Pryor:

There is no doubt but what the appellee is released from all liability on the judgment, by reason of the failure on the part of the appellant to have his execution issued thereon and prosecuted in good faith. When seven years have elapsed without the issuing of an execution, the surety in the judgment is discharged; and this must be the result, although an execution, as in this case, may have once issued on the judgment. There is no substantial difference in the act of 1838 and that regulating the rights of the parties to this *515proceeding, except that the section of the…