Yates v. Mead
Mississippi Supreme Court
From: the chancery court of Jackson county. HoN. S. EvaNS, Chancellor. On November 23, 1880, John I. Adams & Co. recovered judgment against G. M. Dees and M. A. Dees for $119.71, and on May 23, 1881, judgment in favor of the same plaintiffs against the same defendants was rendered for $230. These were duly enrolled and executions were issued and returned, with the sheriff’s indorsement thereon showing that they were settled, and with a receipt to him for the money indorsed…
Read the full summary
From: the chancery court of Jackson county. HoN. S. EvaNS, Chancellor. On November 23, 1880, John I. Adams & Co. recovered judgment against G. M. Dees and M. A. Dees for $119.71, and on May 23, 1881, judgment in favor of the same plaintiffs against the same defendants was rendered for $230. These were duly enrolled and executions were issued and returned, with the sheriff’s indorsement thereon showing that they were settled, and with a receipt to him for the money indorsed thereon and signed by plaintiffs’ attorney.. The latter also wrote the word “settled” on the judgment-roll opposite the…
1Opinion of the CourtWoods, J.
Section 998, code of 1880, by its terms subrogates a surety paying a judgment against the principal debtor to all the rights of the judgment-creditor, including that of enforcing all the liens which the judgment-creditor had by virtue of such judgment. It was intimated in Dibrell v. Dandridge, 51 Miss. 55, that a similar *792statute, in the code of 1871, did not cover cases in which indorsers had made payment for the principal debtor of a judgment jointly rendered against the debtor and the indorser. But, as we suppose, to meet this opinion of the court in Dibrell v. Dandridge, § 1140, of the…
2Cases cited1 opinion
- Dibrell v. DandridgeMississippi Supreme Court · 1875
3Cited by5 opinions
- Yellowly v. BeardsleyMississippi Supreme Court · 1898
- Jaubert Bros. v. WalkerMississippi Supreme Court · 1948
- Taylor v. Alliance Trust Co.Mississippi Supreme Court · 1893
- Pace v. WedgeworthMississippi Supreme Court · 1945
- Yates v. MeadMississippi Supreme Court · 1891