Alsobrook v. Watts

Citations

• 19 S.C. 539
• 1883 S.C. LEXIS 111

Syllabus

<p>1. An exception, in the nature of argument, is not in proper form.</p> <p>2. In the absence of any showing to the contrary, it will be assumed that the receiver of an estate has been authorized to institute proceedings to have a judgment made a lien.</p> <p>3. The validity of an entry of satisfaction endorsed on an execution issued in 1872 on a judgment of that date, may be adjudicated under a summons to show cause (under the act of 1873,15 Stat. 498,) why the judgment should not he made a lien and a new execution issued thereon, and, the return being found insufficient, the court may grant the prayer of tne summons.</p> <p>4. The statute having prescribed no time within which such summons may be issued, the courts cannot fix any limit.</p> <p>5. The unauthorized entry by the sheriff upon an execution to the effect that it had been satisfied by a release given by the plaintiff to a co-surety of defendant, does not give currency to the statute of limitations in defendant’s favor.</p> <p>6. It cannot affect this proceeding that the defendant here was not a party to an action in which the pretended release was set aside.</p> <p>Mr. Justice MoIyer dissenting.</p>