Clarkson v. Cantey

Decided March 15, 1824

Supreme Court of South Carolina · decided 1824-03-15

TmsHvas a rule against the Sheriff, to shew cause why he Aid not pay over the money which was in his hands, and which he had collected from John Ballard, in satisfaction of an execution which Wm..Clarkson had obtained against the said John Ballard., The sheriff shewed for cause, that there wejre older ■executions in his .hands against tire said Ballard, which would take the whole of the money.

Decided 1824-03-15

¶1The opinion of the Court was delivered by

Mr. Justice Huger.

¶2The legislature in allowing interest on all judgments, intended to furnish an inducement to judgment creditors to indulge their debtors. This inducement would be much diminished, if the interest as well as principal were not secured by the judgment. The subsequent judgment creditor is not placed in. a worse situation by allowing interest, (which is only an equivalent for the use of the principal) than he would be if the senior execution were enforced as soon as lodged; a result which would generally follow, if the interest as well as principal were not secured by the judgment. In similar cases interest has never been separated from principal. The motion is refused.

Mott, Johnson, Richardson, and Ganit, Justices, concurred.