Hutcheson v. Reash

Citations

• 15 Pa. Super. 96
• 1900 Pa. Super. LEXIS 308

Syllabus

<p>Subrogation of surety — Laches.</p> <p>It is not an unvarying and inflexible rule that a surety in a judgment who has paid the debt is from that instant and for all time to be regarded as standing in the shoes of the plaintiff in the judgment. It is true that he has, eo instanti, the right of substitution but he may lose that right by his laches.</p> <p>Subrogation — Statute of limitations.</p> <p>A claimant must take steps to enforce his right of subrogation within the period prescribed as a limitation to the enforcement of simple contracts, for this merely equitable right will not be enforced at the expense of a legal one.</p> <p>Surety — Subrogation—Statute of limitations.</p> <p>Where the surety has done no act, before his claim is barred at law, manifesting his intention to put himself in the place of the original creditor’, and thereby subrogating himself to his rights, the remedy is only for money paid, and where he has omitted to bring suit in proper time, or to do some acts equivalent thereto, he cannot afterwards be subrogated to the rights of the creditor.</p> <p>Subrogatio?i — Surety—Payment before or after execution the same.</p> <p>A surety whose property has been sold by legal process to satisfy the creditors’ claim, stands in no better position than one who has paid the debt, perchance to prevent a threatened sale. One has the same right of subrogation as the other.</p> <p>Practice, O. P. — Sci. fa. to revive and motion to set aside execution — Act 0/1887.</p> <p>Under the Act of May 19, 1887, P. L. 132, where a sci. fa. has been issued by a surety claiming subrogation on a judgment paid by him for the original debtor, the surety has the right to have the question of subrogation tried out on the scire facias he has issued instead of on a motion summarily to set aside the execution.</p>