Langston v. Abney
Mississippi Supreme Court
Error to tbe circuit court of Jasper county. Watts, J. The errors assigned are as follows: The court erred in reviving the judgment against the heirs of J. M. Langston, deceased— 1st. Because no judgment was ever rendered against decedent in his life-time. 2d. Because the heirs were not parties nor privies to the original suit. 3d.
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Error to tbe circuit court of Jasper county. Watts, J. The errors assigned are as follows: The court erred in reviving the judgment against the heirs of J. M. Langston, deceased— 1st. Because no judgment was ever rendered against decedent in his life-time. 2d. Because the heirs were not parties nor privies to the original suit. 3d. Because the judgment sought to be revived was void: 1st. Because it was rendered upon three separate and distinct contracts made with different parties, at different dates, and drawing different rates of interest; and 2d. Because the judgment was entered up against…
1Opinion of the Court
Simrall, J.:
E. E. Abney recovered judgment in the circuit court of Jasper county against Wilson West, administrator, etc., of J. M. Langston deceased, for $255 82 on the 27th of September, 1866. Some time after this, Abney filed a written suggestion in the form of a petition, asking that the plaintiffs in error, the heirs at law of J. M. Langston, deceased, be made defendants thereto — in which he alleged that execution on his judgment against the administrator had been returned nulla bona — -that the heirs had valuable lands by descent from the intestate, praying that the judgment might be…
2Cases cited3 opinions
- Lessee of Pollard v. FilesSupreme Court of the United States · 1844
- New Orleans, Jackson, & Great Northern Railroad v. RollinsMississippi Supreme Court · 1858
- Treadwell v. HerndonMississippi Supreme Court · 1866
3Cited by1 opinion
- Cassill v. MorrowSouth Dakota Supreme Court · 1900