Lee v. Boykin

Citations

• 21 Miss. 528

Syllabus

<p>The true construction of the act of 1844, authorizing thh sale of judgments for costs considered, and held to he that, where the defendant in the judgment, or one of the defendants, has purchased the judgment at the sale, the judgment is thereby extinguished and satisfied; subject, however, to the right of the plaintiff at any time within three years to sue out a scire facias against the defendant, and show that he has other property besides that which he gave for the judgment; in which event the sale is vacated and the judgment revived; but the plaintiff cannot redeem from the defendant.</p> <p>Whether this law for the sale of judgments for costs be constitutional, and whether a valid order of sale can be made without notice to the plaintiff 'in the judgment, left to be determined hereafter.</p>