7 Blackf. 382 | Ind. | 1845
— At the May term, 1841, of the Hendricks Probate Court, the plaintiffs obtained a judgment against the defendants as the administrators of one Enoch Barlow, deceased, upon which an execution oí fieri facias was issued, and was returned nulla bona. A scire facias was then issued against the heirs and terre-tenants, requiring them to appear and show cause why execution should not go against the real estate'of the deceased. At the November term, 1841, judgment was rendered, and soon/thereafter an execution was issued commanding the sheriff to sell the real estate. At the February term, 1842, the administrators filed their petition, accompanied by the necessary schedule and inventory, setting forth that the estate was insolvent, and praying for relief, &c. At a subsequent term of the Court, a motion was made by the defendants to set aside and recall the execution that had issued on the judgment rendered at the November term, 1841, which motion was sustained by the Court, and the plaintiffs excepted.
The judgment of the Probate Court is said to be erroneous also, because it devests the lien which the plaintiffs acquired by their judgment on the real estate. Judgment-liens are
We think it proper to remark, that this case does not involve the question whether a lien on the real estate of the deceased, created by a judgment against him in his lifetime, is devested by the filing a petition by an administrator to settle the estate as insolvent. Upon that question no opinion is intended to be expressed.
— The judgment is affirmed with costs.