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31 Miss. 63

Spring v. Tidwell

Mississippi Supreme Court

Decided April 15, 1856

Mississippi Supreme Court · decided 1856-04-15

Hon. Robert C. Perry, judge. Richard Tidwell and H. R. W. Hill, filed their petitions in the court below, and obtained a supersedeas of the execution of a judgment rendered in said court in favor of Moses Groff, to the use of A. H. Dinkins, against said Tidwell and others, and moved that satisfaction might be entered of record on said execution.

Decided 1856-04-15

Per, curiam.

¶1— This was a proceeding in the Circuit Court of Madison County, to enter satisfaction of record of a judgment.

¶2The proof shows that the debtor’s property was sold by the sheriff, and it is therefore wholly immaterial to whom he paid the money, the defendant is entitled to have his judgment satisfied; and the plaintiff’s remedy is against the sheriff.

¶3We think the application to amend by'striking out the name of the usee and inserting another usee in his stead, was correctly refused. The record was then complete, and could not be altered.

¶4Judgment affirmed.

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