Howard v. Randolph

Stayton, Chief Justice.—

On April 13, 1885, J. H. Britton & Co., a partnership composed of J. H. Britton, John T. Long, and W. E. Kennedy, recovered a judgment against W. C. Howard for $2700, which on appeal was affirmed on May 29, 1888.

An execution issued under that judgment and Howard now seeks to *456restrain its enforcement. Britton died after the rendition of the judgment and the appellee, Randolph, was appointed administrator of his estate.

As grounds for injunction appellant alleges that Britton before his death became the owner of the judgment; that his estate is insolvent, and that he was…