Carrier v. Thompson

Citations

• 11 S.C. 79
• 1878 S.C. LEXIS 45

Syllabus

<p>1. An execution which has lost its active energy, may be renewed by the written consent of the judgment debtor, endorsed on the execution and signed by him, without the service of a summons, there being no fraudulent collusion between the plaintiff and defendant in such execution. Guignard v. Glover, Harp. 457, sustained.</p> <p>2. An execution issued prior to the adoption of the code has a lien upon the personal property of the defendant, even after the expiration of its active energy. Warren, Wallace & Co. v. Jones, 9 S. C. 288.</p> <p>8. Such lien also attaches to personal property of the execution debtor, acquired after the adoption of the code.</p> <p>4. A sale by a constable under a junior execution issued by a trial justice, will not divest the lien of a senior execution issued in 1869 from the Court of Common Pleas. Blair & Alexander v. Horseby, Bud. 357, and Lemmond v. Short, 3 Strob. 313, doubted, and the cases in this state upon the subject reviewed.</p>