Section 511.550

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 511

Effective - 02 Jan 1979, see footnote   

  511.550.  Death of a defendant, survival of judgment. — When there are several defendants in a judgment or decree, and some of them die before the same is satisfied or carried into effect, the judgment or decree, if concerning real estate, shall survive against his or their heirs or devisees, and execution may issue against any surviving defendant or defendants, or such judgment or decree may be revived against the heirs or devisees of any or all such deceased defendants, by scire facias, and execution may be sued out against the surviving defendant or defendants, and the heirs or devisees of such deceased defendants, or such of them as are made parties jointly; but if such judgment or decree concern the personalty, execution shall be sued out only against the surviving defendant or defendants; and if the lien of the judgment or decree has not expired, it shall be exhibited in the probate division of the circuit court for allowance, as other demands against the deceased defendant or defendant's estate, but if the lien has expired, the judgment or decree shall be revived against the executors or administrators of the deceased defendant or defendants, and then shall be proceeded with as herein directed.

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(RSMo 1939 § 1282, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1117; 1919 § 1568; 1909 § 2137

Effective 1-02-79