
    BOYD, ADM’R v. DENNIS.
    1. If an execution be issued in the life-time of the defendant the lien maybe com tinued after his death by an alias or pluries. But if there be a chasm by the lapse of a term, a nalias cannot issue, but the judgment must be revived by scire facias against the personal representative.
    ERROR to the Circuit (^Surt of Pike.
    
      This was a motion by the plaintiff in error, to quash an execution. The facts were, that the defendant in error obtained a, judgment against the intestate of the plaintiff, upon which execution issued; after which, and before the return day thereof, intestate died. No other execution issued on the judgment for more than a year afterwards, when an alias was issued and levied on certain slaves of the deceased, in the hands of the plaintiff in error, as his administrator.
    Upon this state of facts, the court overruled the motion to quash, from which this writ is prosecuted.
    Buford, for plaintiff in error,
    cited 4 S. & P. 237; 3 Ala. Rep, 254; 4 id. 326, 681; 1 Sand. Rep, 280, note 8.
    J. Cochran, contra.
    
   ORMOND, J.

In the case of Collingsworth v. Horn, [4 S. & P.] this court held, that, where an execution had issued in the life time of the defendant to the judgment, and an alias mid plumes have regularly issued, after his death, without the lapse of a term, that the lien of the original execution was preserved; and thaj; the property of the deceased could be sold under the last execution, without a scire facias against his administrator, to revive the judgment.

In this case, there is no controversy about the lien of the first execution. The only question is, whether, in the event of the death of the defendant in execution, after an execution had issued against him, a plumes may be issued after the lapse of more than a year, without reviving the judgment against the administrator.

We think it very clear, that the execution was issued irregularly in this instance. According to the case cited from 4 Stew, & Port., it was allowed thus to continue the lien created by the first execution, and to levy and sell under an alias or pluries, Here, then, was a chasm by the intervention of two entire terms. There was, therefore, no connecting link between the original and alias executions; and the latter being issued after the death of the defendant, was irregular, without a scire facias against his personal representative to revive the judgment.

The judgment of the court below, overruling the motion to quash the execution, must be reversed; and a judgment quashing the execution, be here rendered.  