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§58-346.
§58-346.
When any judgment has been rendered for or against the testator or
intestate in his lifetime, no execution shall issue thereon after his
death, except:
1. In case of the death of the judgment creditor, upon the application
of his executor or administrator, or successor in interests.
2. In case of the death of the judgment debtor, if the judgment be for
the recovery of real or personal property, or the enforcement of a
lien thereon.
A judgment against the decedent for the recovery of money, must be
presented to the executor or administrator, like any other claim. If
the execution is actually levied upon any property of the decedent
before his death, the same may be sold for the satisfaction thereof,
and the officer making the sale must account to the executor or
administrator for any surplus in his hands.
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