MITCHELL v. ST. MAXENT'S LESSEE


71 U.S. 237 (____)

4 Wall. 237

MITCHELL v. ST. MAXENT'S LESSEE.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. Reverdy Johnson, for Mitchell, plaintiff in error:

Messrs. Carlisle and McPherson, contra:


Mr. Justice DAVIS delivered the opinion of the court.

The solution of one question presented by the record is decisive of this case. Does the writ of fieri facias, tested and issued after the death of the party against whom the judgment is rendered, confer power on the ministerial officer to execute it? That St. Maxent was the owner of the lands in controversy at the time of his death, and the plaintiffs below are his heirs...

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