Commercial Bank v. Kendall

Citations

• 21 Miss. 278

Syllabus

<p>A scire facias against the heirs at law. is a proper remedy to subject the lands of the ancestor descended to them, to the payment of an unsatisfied judgment against him.</p> <p>And it is no answer to such scire facias, that the ancestor’s estate had been declared insolvent; such declaration of insolvency does not affect or divest the lien of a judgment rendered against the decedent in his life-time.</p> <p>In a scire facias to revive a judgment against the heirs at law of the defendant in the judgment, it is not necessary for the plaintiff to set forth in the writ that the judgment had been enrolled ; that, if not done, and material to the defence, should have been pleaded.</p> <p>Nor is it necessary, in the scire facias itself, to set forth a description of the lands sought to be subjected to the judgment against the ancestor; but such description should form part of the sheriff’s return on the scire facias; his omission, however, to make such return, will not justify the quashal of the scire facias itself: the court should either have permitted an amendment of the return, or awarded another scire facias, with directions as to the service and return.</p>