Reynolds v. Carter

Citations

• 109 Miss. 314
• 68 So. 467

Syllabus

<p>1. Abatement and Revival. Necessity of formal revival. Execution. Claim by third persons. Determination.</p> <p>By agreement, a suit may be continued in the name of the executor of one of the parties to a suit who dies pending the litigation, though no formal revivor is had.</p> <p>2. Execution. Claim by third versons. Determination.</p> <p>On a claimant’s issue for property seized under execution, the true injury is whether the property is liable to execution, not whether the claimant’s title is paramount. Even if claimant has no title, if plaintiff in execution fails to show liability to his execution, he must fail.</p>