§ 16-66-107 - Death of one or more plaintiffs.
16-66-107. Death of one or more plaintiffs.
(a) The death of one (1) or all the plaintiffs shall not prevent an execution being issued thereon. However, on such execution, the clerk shall endorse the death of such of them as are dead and, if all the plaintiffs are dead, the names of the personal representative or last survivor if the judgment passed to the personal representative, or the names of the survivor's heirs, if the judgment was for real property.
(b) Before making the endorsements set forth in subsection (a) of this section, an affidavit of the death shall be filed with the clerk by one (1) of the plaintiffs, or personal representatives or heirs, or their attorney, and that the persons named as such are the personal representatives or heirs. In the case of personal representatives, they shall also file with the clerk a certificate of their qualification in the proper court in this state.
(c) The sheriff, in acting upon an execution endorsed as provided in subsection (a) of this section, shall proceed as if the surviving plaintiff or plaintiffs, or the personal representative or heirs, were the only plaintiffs in the execution and shall take sale, stay, and forthcoming bonds accordingly.
(d) The defendant may move the court to quash an execution on the ground that the personal representative or heirs of a deceased plaintiff are not properly stated in the endorsement on the execution and, during the vacation of the court, may obtain an injunction, upon its being made to appear that the persons named are not entitled to the judgment on which the execution was issued.