Dibrell v. Dandridge

Citations

• 51 Miss. 55

Syllabus

<p>1. Judgment: Payment thereof by a surety.</p> <p>The statute authorizing the assignment of a judgment to a surety, upon its payment by him, with summary process to coerce payment, is in derogation of the common law, and he who claims the benefit thereof, must bring himself clearly within its provisions.</p> <p>:2. Same: Sec. 2258 of the code n/1871.</p> <p>This statute which provides that the payment of a judgment by a surety, shall operate joe?’ se, as a transfer of the judgment, is limited to sureties alone.</p> <p>3. Promissory Note: Indorsement thereof.</p> <p>The indorsement of a promissory note, in the absence of proof to the contrary, will be presumed to be for value.</p> <p>[Note — Whether an accommodation indorser is within the intendment of' the statute^ is not presented in this case. But in Alabama, upon a statute of similar import, it has been held that an “ accommodation indorser ” is not a “ surety ” within the statute.]</p>