Lauderdale v. Mahon

Citations

• 41 S.C. 97
• 19 S.E. 294
• 1894 S.C. LEXIS 91

Syllabus

<p>1. Judgments — Revival.—Statement of the modes by which judgments obtained prior to March 1, 1870, may be extended and their liens preserved.</p> <p>2. Ibid. — Bankruptcy—Trusts—Presumptions.—Where a debtor filed his petition, and was adjudged a bankrupt in 1868, acknowledging a then existing judgment, but never received his discharge, and a summons to revive such judgment is served in 1891, the judgment will be presumed paid, and the motion to revive refused, for the reasons :</p> <p>a. That after the lapse of twenty years it will be presumed that every necessary step to enforce a living judgment was taken.</p> <p>b. There can be no trust without a subject-matter; and all of the bankrupt’s estate having been transferred to his assignee, and his future earnings not being surrendered by his bankruptcy, there was nothing in the hands of the bankrupt upon which a trust for his creditors would operate.</p> <p>c. Under summons to renew a judgment, the court cannot be called upon to declare and enforce a trust.</p> <p>d. Under General Statutes, sec. 1831, a judgment must be presumed to have been paid after a lapse of twenty years, unless, before that period has elapsed, the holder of the judgment shall file with its record “a note of some payment on account, or some written acknowledgment of the debt secured thereby.”</p> <p>3. Judsments — Revival—Code.—.The provisions of the Code of Procedure as to the renewal of judgments is inapplicable to judgments obtained prior to its passage.</p>