Adams County MsArchives Court.....Wilson, Robert June 1818
************************************************
Copyright.  All rights reserved.
http://usgwarchives.net/copyright.htm
http://usgwarchives.net/ms/msfiles.htm
************************************************

File contributed for use in USGenWeb Archives by:
Deb Haines ddhaines@gmail.com December 7, 2005, 11:10 pm

Source: Reports Of Cases Adjudged In The Supreme Court Of Mississippi, June Term, 1818
Written: June 1818

ROBERT WILSON vs. Z. KIRKLAND.


An execution cannot issue against the effects of a deceased person before a 
revival of the judgment against his legal representatives.


OPINION OF THE COURT—By THE HON. POWHATTAN ELLIS. 

At the May Term of the Circuit court of Adams county, 1822, a judgment was 
rendered against the defendant upon which plaintiff sued out a ca sa, 
returnable to the succeeding November term. Kirkland delivered property in 
discharge of his person, and afterwards entered into a forthcoming bond, with 
Martin L. Thomas, his security. The forthcoming bond was returned forfeited, 
to November, 1823, and a fifa sued out against the effects of Kirkland, who 
had died in August, previous to the emanation of the execution. The counsel 
for Kirkland moved to quash the execution, upon the ground that it had 
improvidently issued, before the suit had been revived in the name of the 
legal reprsentatives of Kirkland. This motion was overruled, and the case 
comes up by bill of exceptions.

The execution should have been quashed upon motion, upon the rule of decision 
laid down in two cases decided in this court. Levi Kendricks, administrator, 
vs. William Snodgrass, and Nanchnies, administrator, vs. Rabb. In the last 
case, it was distinctly laid down, that an execution could not go out against 
the effects of a deceased person’s estate, until his representatives were 
brought into court. Judgment of the court below reversed, and motion to quash 
the execution allowed.


Source: Reports of Cases Adjudged in the Supreme Court of Mississippi, June 
Term, 1818, By R. J. Walker, Reporter of the State. Natchez: Printed at the 
Courier and Journal Office, 1834; pages 155-156.

File at: http://files.usgwarchives.net/ms/adams/court/wilson11wl.txt

This file has been created by a form at http://www.poppet.org/msfiles/

File size: 2.3 Kb