Hossack v. Underwood

Citations

• 55 Ill. 123

Syllabus

<p>1. Assxanaasn~r of a judgment. The assignment of a judgment does not vest the legal title in the assignee; that remains in the judgment creditor, subject to any equities flowing to the assignee by virtue of the assignment.</p> <p>2. So where a judgment creditor assigned the judgment to secure the payment of a sum, less than the amount of the judgment, owing by him to another, upon the discharge of the debt due the assignee by procurement of the judgment debtor, the equities of such assignee became determined by operation of law, and he could not then transfer the judgment so as to vest in a third person any title or interest therein, and thereby defeat the recovery by the judgment creditor of the residue of the judgment remaining after the debt for which it was assigned was discharged</p>