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42 S.C.L. 37

Koon v. Ivey

Court of Appeals of South Carolina

Decided December 15, 1854

Court of Appeals of South Carolina · decided 1854-12-15

BEFORE O’NEALL, J., AT UNION, FALL TERM, 1854. The report of his Honor, the presiding judge, is as follows: “ This was a sei. fa. on a judgment recovered by the intestate against the defendant, on the 24th of October, 1844, for one thousand two hundred dollars, with interest from the 11th of May, 1844. “ The defendant’s defence rested upon a deed made by the intestate, conveying to Dolly Ivey, the wife of the defendant, and the lawful heirs of her body, after the death of…

Decided 1854-12-15

¶1The opinion of the Court was delivered by

WaRDLAw, J.

¶2The judgment conclusively established an indebtedness of the defendant, in October, 1844, growing out of the note upon which it was founded. The defence now offered to the sci.fa. is in effect, that such indebtedness did not exist, because prior to the judgment the note had ceased to be the property of the plaintiff in the judgment. This is bringing under review now matter before adjudged, and cannot be permitted. If events supervening the judgment have given interests to third persons, which require the administrator, present plaintiff, to use the recovery for the benefit of those persons, remedies are not wanting to prevent injury to equitable assignees.

¶3This Court has no information upon which it could rely in looking beyond the parties before it.

¶4The motion is dismissed.

O’Njgall, Whither, Glovee and Munro, JJ., concurred,’

¶5Appeal dismissed.

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