Augustus Coran & Co. v. Pittenger

Citations

• 92 Ill. 241

Syllabus

<p>1. Judgments and executions—death of judgment debtor—mode of proceeding—construction of the statute. In case of the death of a judgment debtor, and there be no administrator or executor appointed upon whom notice can be served, as required by the statute in force in 1872, then, in order to authorize the issuing of an execution for the sale of land upon which the judgment had become a lien, the judgment should first be revived by scire facias.</p> <p>2. The fact that the judgment debtor had sold and conveyed the land in his lifetime, but subsequent to the judgment, in no way dispenses with the necessity of giving the notice required by the statute, or, if that can not be done, to revive the judgment.</p> <p>8. The act of 1877 does not differ materially from the former statute on this subject, except it provides that the notice may be served upon the heirs in case there be no executor or administrator.</p>