511.550. Death of a defendant, survival of judgment. - Missouri Statutes

Death of a defendant, survival of judgment.

511.550. When there are several defendants in a judgment ordecree, and some of them die before the same is satisfied orcarried into effect, the judgment or decree, if concerning realestate, shall survive against his or their heirs or devisees, andexecution may issue against any surviving defendant ordefendants, or such judgment or decree may be revived against theheirs or devisees of any or all such deceased defendants, byscire facias, and execution may be sued out against the survivingdefendant or defendants, and the heirs or devisees of suchdeceased defendants, or such of them as are made parties jointly;but if such judgment or decree concern the personalty, executionshall be sued out only against the surviving defendant ordefendants; and if the lien of the judgment or decree has notexpired, it shall be exhibited in the probate division of thecircuit court for allowance, as other demands against thedeceased defendant or defendant's estate, but if the lien hasexpired, the judgment or decree shall be revived against theexecutors or administrators of the deceased defendant ordefendants, 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 1-2-79