Ford v. Elkin

Citations

• 29 S.C.L. 146

Syllabus

<p>1. A judgment confessedas an indemnity for liabilities incurred by another, as indorser or security, is not void. It is good and legal, and at law may be enforced, whether the party assuming such liabilities has been compelled to pay them or not.</p> <p>2. If the defendant, in such case, pay the debt, to secure which the confession was taken, the plaintiff might be compelled, at law, to enter satisfaction.</p> <p>3. But, generally, the only remedy a creditor could have, would be in equity.</p> <p>4. There is neither reason nor authority in favor of the position that such a judgment should be postponed to subsequent bona fide judgment creditors.</p>