Ark. Code Ann. § 16-65-502 (2020)
Survival or revival of judgment upon death of a party
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- If one (1) or more plaintiffs in a judgment or decree dies before the judgment or decree is satisfied or carried into effect, the judgment or decree, if for money or concerning personal property, shall survive to the executors or administrators of the deceased party and, if concerning real estate, to his or her heirs or devisees.
- In each of the preceding cases, execution may be sued out in the name of the surviving plaintiff for the benefit of himself or herself and legal representatives of the deceased party, or the judgment or decree may be revived in the name of the legal representatives and the surviving plaintiff and execution may be sued out jointly.
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- When there are several defendants in a judgment or decree and some of them die before the judgment or decree is satisfied or carried into effect, the judgment or decree, if for money or concerning personal property, shall survive against the executor or administrator of the deceased party and, if concerning real estate, against his or her heirs or devisees.
- In each of the cases mentioned in subdivision (b)(1) of this section, execution may be issued in the name of the surviving plaintiff for the benefit of himself or herself and the legal representatives of any deceased plaintiff or in the name of the surviving plaintiff and the representatives of any deceased plaintiff against any surviving defendant.
- The term “real estate”, as used in this act, shall be construed to include all estates and interest in lands and tenements, whether legal or equitable, liable to be sold under execution.
History. Rev. Stat., ch. 84, §§ 12-15, 34; C. & M. Dig., §§ 6284, 6308, 6309, 6311, 6312; Pope's Dig., §§ 8240, 8263, 8264, 8266, 8267; A.S.A. 1947, §§ 29-129, 29-608 — 29-611.
Meaning of “this act”. Rev. Stat., ch. 84 codified as §§ 16-65-113, 16-65-116, 16-65-501 — 16-65-505, 16-65-601, 16-65-602, 16-66-411.
Case Notes
In General.
The death of a judgment-defendant does not defeat the action against him as the plaintiff may proceed against the judgment-defendant's representative. Finn v. Crabtree, 12 Ark. (7 English) 597 (1852).
Child Support.
Administrator of mother's estate had standing to sue to cover the arrears the father owed in child support, insurance premiums, and medical expenses at the time of her death, even though the father had custody of the children at the time of the suit. Darr v. Bankston, 327 Ark. 723, 940 S.W.2d 481 (1997).
Revivor.
Trustee, original party with mortgagee to action to foreclose deed of trust, who was appointed administrator of mortgagee's estate, was entitled, without revivor of the action, to enforce decree authorizing sale of property which had become final during mortgagee's lifetime. Hayes v. Whyte, 193 Ark. 918, 103 S.W.2d 628 (1937).
Cited: Price v. Hemingway, 179 Ark. 846, 18 S.W.2d 351 (1929).