<p>1. Prior to the taking effect of the Revised Code of 1845, the lien of a judgment was extinguished by the death of the judgment debtor.</p> <p>2. An execution has never been allowed against the estate of a decedent in this state since May, 1, 1827.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1854-03-15
How this case has been cited
Cited by 3 later decisions — most recently February 1933
3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
¶2Doan, in November, 1844, recovered a judgment against B. M. Lisle in the St. Louis Circuit Court. Shortly after this, Lisle, who resided in Cole county, Missouri, died, after having made a will, whereby he appointed Thomas and Philip Miller his executors. At the time of his death, there was an execution in the hands of the sheriff on the judgment o£ Doan. On the 13th day of December, 1852, an alias execution was issued on the judgment, directed to the sheriff of Cole county. A motion to quash this execution was sustained by the court, and Doan, thereupon, sued out this writ of error.
¶31. For the. reasons given in the case of Prewitt v. Jewell, 9 Mo. Rep. 732, by Scott, Judge, this court is of the opinion that the lien of a judgment was extinguished by the death of the judgment debtor, prior to the taking effect of the Revised Code of 1845, which expressly preserved such liens.
¶42. Never, since the first day of May, 1827, has an execution been allowed against a dead man’s estate. The act of 30th December, 1826, prohibited this, and that prohibition has been in force ever since. When this execution issued, there was no lien existing. There was an absolute prohibition against the act, and the court did right in quashing the execution.
