Buckner v. Pipes

Citations

• 56 Miss. 366

Syllabus

<p>1. JtroGMBMT. When to be revived. Scire facias dismissed.</p> <p>Where an execution has heen'issued upon a judgment -within a year and a day after the rendition thereof, it is unnecessary, under our statutes, to revive the judgment within seven years after its rendition; and a proceeding by scire facias for that purpose should be dismissed, upon the motion of the defendant, as a useless addition of costs.</p> <p>2. Samb. Revived• by scire facias. Kept alive by executions.</p> <p>Where no execution has been issued on a judgment within a year and a day after its rendition, it must be revived within seven years thereafter by a scire facias; but where there has been such an issuance of execution, the judgment may be kept alive perpetually by the successive issuance of executions within seven years of each other.</p> <p>3. Sams. Lien expires, when. How preserved. Special lien.</p> <p>The general lien of a judgment expires at the end of seven years from its rendition, but a special lien may be acquired, while the judgment is kept alive, by the delivery of an execution to the sheriff, and its levy on certain property. The general lien can only be perpetuated by a new action, based upon the judgment, and commenced within seven years from the rendition thereof.</p>