Ex parte Dixon

Citations

• 1 Del. Ch. 261

Syllabus

<p>One of two defendants in a joint judgment at law died. After his death his lands were sold in execution of another judgment which had been recovered against him alone. The proceeds of the sale went into the sheriff’s hands and were sufficient to pay the joint judgment. Subsequently the lands of the surviving defendant were sold in execution of a decree in chancery and the proceeds of such sale brought into the Court for distribution. There being a surplus after satisfying the decree, a motion was made on behalf of the creditor in the joint judg ment at law for the payment of that judgment out of the fund in equity raised by sale of the lands of the surviving defendant. Held, that the judgment had been satisfied by the sale of the lands of the deceased defendant and the receipt by the sheriff of the proceeds of sale, such proceeds being legally applicable to the judgment.</p> <p>The death of one of two joint debtors in a judgment at law does not exonerate from the debt the lands of the deceased debtor, but they continue subject to the lien of the judgment.</p> <p>In this case the deceased defendant in the joint judgment having been the principal debtor, his lands on that ground alone would be subjected in equity to the debt, and the sheriff would have been held responsible for its amount to the judgment creditor, so as to bar a claim by the latter in this Court to receive satisfaction out of the lands of the surety.</p>