Witherspoon v. Twitty

Citations

• 43 S.C. 348
• 21 S.E. 256
• 1895 S.C. LEXIS 165

Syllabus

<p>1. Revival of Judgment — Effect.—In a proceeding against the administrator and the heir of a deceased judgment creditor to revive the judgment, the effect of the judgment when revived, as, e. g., the right of the heir to claim the land of intestate by adverse possession against the judgment creditor, cannot be considered.</p> <p>2. Ibid. — -Res Judicata. — A judgment obtained in 1866, having been revived in.1882, with the proper parties before the court, such order of revival is conclusive of all objections to the judgment which could have been then interposed, and no such objections can be raised in a second proceeding to revive, commenced in 1892.</p>