Section 511.550 Death of a defendant, survival of judgment.

MO Rev Stat § 511.550 (2019) (N/A)

Copy with citation

Copy as parenthetical citation

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.

--------

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

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

Effective 1-02-79

Previous Section

Section 511.540 Death of a plaintiff, survival of judgment.

Next Section

Section 511.560 Judgment revived by or against administrator de bonis non.