Jackson v. Scanland

Citations

• 65 Miss. 481

Syllabus

<p>1. Forbign Administrator. Sight to enforce judgment here. Section 8091,. Code 1880. Statute of limitations.</p> <p>A foreign administrator, who has not complied with the provision of Section 2091, and, as therein provided, “may sue as such in the courts of this State, or may receive without suit, and give a valid acquittance for, any property 'of, or debts due to, his intestate,” is not entitled to enforce a judgment in this State in favor of his intestate; and an execution issued upon such judgment, at his instance, is void, and does not affect the running of the statute of limitations against the judgment.</p> <p>2. Same. Judgment. Who entitled to execution.</p> <p>The statutory provision for keeping alive a judgment by the issuance of 'successive executions, is in lieu of repeated actions on the judgment, and execution must be in behalf of him who could maintain an action.</p> <p>3. Same. Unauthorized execution. Subsequent compliance with Section 8091, Code of 1880.</p> <p>Subsequent qualification of a foreign administrator, at whose instance an execution was issued before his compliance with Section 2091, Code of 1880, does not relate back so as to validate the unauthorized execution.</p> <p>4. Same. Execution of judgment. Effect of Section 1747, Code of 1880.</p> <p>Section 1747, Code of 1880, which provides that, “when the administrator of any plaintiff, who dies before satisfaction of his judgment, shall file with the clerk an affidavit of such death and of his appointment, with a copy of his letters of administration, duly certified, execution may he issued on such judgment as if such death had not occurred,” does not apply in favor of a foreign administrator who has not complied with the requirements of Section 2091 of the Code of 1880.</p>