(Download) "Ransom v. Williams" by United States Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: Ransom v. Williams
- Author : United States Supreme Court
- Release Date : January 01, 1864
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Mr. E. S. Smith, in support of the sheriff's sale: The only thing made necessary by the proviso, before execution can issue, is notice to the executors, or administrators, if there be any, of the existence of the judgment. The statute dispenses with the common law proceedings, and in cases only where there are administrators or executors appointed, is it necessary to give notice. If there be no executors or administrators, execution can issue and sale be made, after the death of the defendant, without notice, and this sale can be defeated only by showing that administrators had been appointed at the time the execution issued, and that no notice of sale was given to them. The design of the statute was to give to the creditor a cheap mode in which to enforce the lien of his judgment. The lien once attached, it will operate until the judgment is satisfied. The record is regular on its face. It is just as it ought to be, supposing notice to have been given. Even if notice had been given, that fact would not appear on it. Herein, a sale, under the Illinois statute, would differ from a common law proceeding, where the sci. fa. to revive would be a part of the record proper. The present record thus affords presumptive evidence that notice had been given; and it placed the burden of proof on the defendants to show want of notice, if there was such want. The defendants could have called the administrators to show this want, if it really existed.
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