Pauley v. Langdon

Bicknell, C. C.

This was a proceeding under article 35 of the civil code of 1852, to enforce a judgment against the real estate of a deceased judgment defendant. Langdon had a judgment against Turner, Bullard, Roddy and Hight upon a joint note, in which Turner was principal and the others were his sureties. The judgment was rendered in January, 1875.

In September, 1875, Roddy died seized of real estate, which by his will was devised to his two sons, who were his only heirs at law. Roddy’s executor, acting under the will and' without any order of court, and not for the purpose of paying said…