Langston v. Abney

Citations

• 43 Miss. 161

Syllabus

<p>1. Judgment — Sciee Facias — Revivo».—It is well settled that irregularitios or errors which might be sufficient to reverse the judgment on writ of error, cannot be made to avail as a defense to a scire facias, and that the only pleas that can be put in are such as rely on matter in bar, subsequent to the judgment, such as discharge, payment, or the like.</p> <p>2. Same__The right of a judgment plaintiff to rovive against heirs a judgment recovered against then- ancestor, depends upon the condition whether real assets liable to be subjected to the satisfaction of the judgment have descended to the heirs from the ancestor who was defendant to the judgment — the single object being to reach such lands. And if it appear of record that real estate so descended is not thus liable, then there is no right of revivor against the heirs.</p> <p>3. Judgment Lien. — Judgment against an administrator or executor binds only the goods and chattels, and lands cannot be sold under it. The legal representative succeeds by representation to the legal ownership of the personalty. But he takes no title or interest in the lands, and has no concern in them except as power over them is conferred upon him by statute, for certain purposes.</p>