Hatch

— An order directing the issuance of an execution upon a judgment rendered more than 29 years after it was entered is attacked by the debtor upon the principal ground that it constitutes an abuse of discretion. Although section 685 of the Code of Civil Procedure, the statute construed in Butcher v. Brouwer, ante, p. 354 [ 132 P.2d 205 ], and Beccuti v. Colombo Baking Co., ante, p. 360 [ 132 P.2d 207 ], governs the rights of the parties to the present case, the factual premise is somewhat different from that shown in either of them.

N. E. Scofield sued the appellant and W. P. Calkins on an agreement to redeem certain stock of Calkins Newspaper Syndicate, a corporation. In May, 1911, a joint and several judgment was entered against them. The decree provided, however, that the plaintiff redeliver to the defendants the certificate for the shares of stock. Scofield died in 1912; his wife and the defendant Calkins died in 1929. No administration of the estate of Scofield or that of his wife was had until 1940, when Frank 0. Hatch was appointed administrator of the estate of Mr. Scofield.

Hatch, in his representative capacity, was then substituted as the plaintiff in the Scofield…