Powell v. Macon
Supreme Court of Arkansas
APPEAL from Phillips ^Circuit Court. ■ Hon. J. M. Cypert Circuit Judge. For purpose of scire facias see Bour. Law Diet., 499. It is a.continuation of former suit and not an original proceeding. Wolf v. Pounsford, 4 Ham., 497-; 1 How. (Miss.) 267; S'Scam., 544; 7 Vt. 52, It is the proper remedy to revive a judgment against an ancestor so-as to compel heirs to satisfy it out of lands descended. 7. Ark:, 442; 13 8. $ M. (Miss.) Com.
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APPEAL from Phillips ^Circuit Court. ■ Hon. J. M. Cypert Circuit Judge. For purpose of scire facias see Bour. Law Diet., 499. It is a.continuation of former suit and not an original proceeding. Wolf v. Pounsford, 4 Ham., 497-; 1 How. (Miss.) 267; S'Scam., 544; 7 Vt. 52, It is the proper remedy to revive a judgment against an ancestor so-as to compel heirs to satisfy it out of lands descended. 7. Ark:, 442; 13 8. $ M. (Miss.) Com. Bk. v. Kendall, 7 Ohio, 11; 8 lb., 210; 2 dim., 110; Sec’s. 3614, 3619, Gantt’s Dig. There was no administrator, and if there had been, he ■ could not- disturb the…
1Opinion of the Court
STATEMENT.
English, C. J.
This was a scire facias to revive a judgment, issued 10th October, 1881. The writ recited that on the llth June, 1867, W. H. Morrison, as administrator of the estate of Isaac II. Morrison, deceased, recovered a judgment against R. B. Macon for $889. for debt and damages, &c.
That after the recovery of'the judgment W. H. Morrison was removed from the administration, and C. B. Powell appointed administrator de bonus non of the estate of Isaac H. Morrison.
That on the 10th January, 1868, R. B. Macon died seized and possessed of a tract of land, which is described, and other…
2Cited by1 opinion
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