Anderson v. Kilgo

Blandford, Justice.

Anderson obtained a judgment against the administrator of T. H. Kilgo, March 6th, 1876, and on the same day an execution was issued thereon. No entry by the proper officer was made thereon until March 22d, 1888, more than seven years thereafter. It was then levied upon property which had been set apart as a homestead to the family of Kilgo, prior to the date of the judgment, the homestead not expiring until December 19th, 1888. It was contended by the plaintiff in execution (the plaintiff in error here) that, inasmuch as the execution could not be levied upon the property…