Kinard v. Baird

Citations

• 20 S.C. 377
• 1884 S.C. LEXIS 22

Syllabus

<p>1. A. purchased from O. a land warrant and gave bond with sureties for the purchase-money, and then he confessed judgment to O. on the bond. Afterwards he assigned the warrant to B., who, finding it worthless, demanded and received from O. the amount of the original purchase-money. Held, that the judgment was a good and valid lien against A. for the use and benefit of O.</p> <p>2. A surety on such bond having paid a part thereof in ignorance of any defense thereto and before the repayment to B., was, without actual assignment of the judgment, subrogated to the extent of such payment to all the rights of O.</p> <p>3. The right of action by the surety to recover the amount paid would be barred by the statutory limitation, but he would still retain his right of subrogation to the security of the judgment under which his payment was made.</p> <p>4, The act of 1849 (11 Stat. 556; Gen. Stat., % 2180,) covers a case where a. surety pays money on a judgment which is entered against the principal only.</p> <p>5. A judgment is presumed to be paid after a lapse of twenty years, but this, presumption is not irrebuttable.</p>