Register v. Southern States Phosphate & Fertilizer Co.

If one of two joint defendants in a judgment pays it off with money or funds of both defendants, this is a payment of the judgment by both. It is an extinguishment of the judgment. The judgment thus becomes functus officio, and is dead. So when one of the joint defendants, so paying the judgment, took an assignment of it to himself, and is proceeding to enforce its collection by levy and sale, he can be stopped by illegality setting up such payment of the execution. Boyd v. McFarlin, 58 Ga. 208; Flournoy v. Silman, 59 Ga. 195; McLendon v. Frost, 59 Ga. 350; Monroe v. Security Mutual Life Ins.…