Johnston v. Belden
Supreme Court of Iowa
Appeal from Tama Circuit Cou/rt. The plaintiff as surety, and the defendant as principal, executed a promissory note to one Hillman, which note was afterward put into judgment against both plaintiff and defendant.
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Appeal from Tama Circuit Cou/rt. The plaintiff as surety, and the defendant as principal, executed a promissory note to one Hillman, which note was afterward put into judgment against both plaintiff and defendant. Afterward one Wesley Johnston, at plaintiff’s request and acting for him, paid Hillman with the plaintiff’s money the full amount of the judgment, and took an assignment of the judgment to himself in trust for the plaintiff, and afterward, at plaintiff’s request, assigned it to one Yeiser, who assigned it to plaintiff, neither Wesley Johnston nor Yeiser at any time having any…
1Opinion of the CourtAdams, J.
1. statute of limitations: subrogation: surety. It is not claimed by the plaintiff that he became the owner of the judgment in such sense as a person not judgment defendant would have become the owner if iie had purchased it and taken an assignment. Had the plaintiff become such owner he could have caused an execution to issue at once, and would have had no occasion to invoke the aid of a court of equity. The plaintiff, however, deemed it necessary to obtain a decree, and in this he was right. Bones v. Aiken, 35 Iowa, 534. The theory is that the judgment, when paid by one of the judgment…
2Cases cited3 opinions
- Bones v. AikenSupreme Court of Iowa · 1872
- Lamb v. WithrowSupreme Court of Iowa · 1870
- Braught v. GriffithSupreme Court of Iowa · 1864
3Cited by16 opinions
- Burrus v. CookSupreme Court of Missouri · 1908
- Searing v. BerrySupreme Court of Iowa · 1882
- Junker v. RushIllinois Supreme Court · 1891
- Harrah v. JacobsSupreme Court of Iowa · 1888
- Dunton v. McCookSupreme Court of Iowa · 1895
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