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28 Miss. 85

Parchman v. Conway

Mississippi Supreme Court

Decided October 15, 1854

Mississippi Supreme Court · decided 1854-10-15

Henry Dickinson, vice-chancellor. This case was before the court at a former term (24 Miss. 665), where a full statement of the facts of the case will be found. The bill in this case was filed by an indorser who had paid a judgment recovered against him and the maker of a promissory note, praying to be subrogated to the rights of the plaintiff in the judgment, and to enforce the same at law against the principal for the benefit of the complainant.

Decided 1854-10-15

Mr. Justice Fisher

¶1delivered the opinion of the court.

¶2This case was before this court at its October term, 1852, and its merits were then settled in considering the demurrer to the bill. 24 Miss. R. 665.

¶3No new question has since arisen requiring notice. While the bill was pending in the court below, a motion was made in the circuit court of Monroe county, to enter a satisfaction of the judgment, the benefit of which is claimed by the complainant. The circuit court sustained the motion and caused a satisfaction to be entered. The complainant being no party to said proceeding, cannot be affected thereby, and it must be treated as to him as null and void. It may be necessary to move or petition the circuit court to award execution ; but this will only operate as a delay, and not to defeat the complainant’s right. The execution will issue in the name of the plaintiff at law, indorsed for the benefit of the complainant, under the operation ■of the decree.

¶4The decree will be modified in this court, declaring the entry of satisfaction of the judgment of the circuit court of Monroe county, sought to be enforced for the benefit of the complainant, as void, and to form no impediment to the complainant’s enforcement of the same.

¶5In all other things affirmed.

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