13-3-119 - Effect of death of one or more of several defendants before issuance of execution.
§ 13-3-119. Effect of death of one or more of several defendants before issuance of execution.
If one or more of several defendants have died before the issuance of a writ of execution, and a revivor shall not have been had, the fact of the death shall be noted on the writ, and the property of the survivors only shall be liable to the execution in such case.
Sources: Codes, Hutchinson's 1848, ch. 62, art. 1 (3); 1857, ch. 61, art. 269; 1871, § 840; 1880, § 1774; 1892, § 3461; 1906, § 3960; Hemingway's 1917, § 2967; 1930, § 3013; 1942, § 1901.