
    
      Mary Weagle, executrix, vs. Hensley.
    
    ScHlE Pactab
    Error to the Montgomery Circuit: Silas W. Robbins, Judge.
    
      . . t i „ , Cfioscs m action. Judgments, survivor of Husband and wife. Scire facias.
    
    April 8.
    When ^euTwould5' survive to the i^bond^xc^-' cuted in dis-ch;u?e °,f survives to he:
   Chief Justice Robertson,

delivered the opinion of the court.

The only difference between this and the foregoing case is, that a fieri f idas had" in this case issued on the judgment, and had been replevied in the life time of the testator and husband.

Whatever effect an execution would have had at common law, in destroying too survivorship of the wife, the replevin bond being in effect a new judgment 1 ° jo in favor of husband and wife, survived to her. Where ■ fore the judgment for costs is reversed, and that on the demurrer affirmed.

Davis, for plaintiff; Hanson, for defendant.  