McDowall v. Reed

Citations

• 28 S.C. 466
• 6 S.E. 300
• 1888 S.C. LEXIS 73

Syllabus

<p>1. A party signing his name with the word “trustee” added, executed a bond whereby he bound “himself, his heirs, executors, and administrators” to pay the sum named, and also executed a mortgage to secure 'this bond. Under action of foreclosure the land was sold, and judgment ordered for the deficiency. Held, that this judgment; was binding on him individually, and that his executor (he being dead) was the proper party to proceedings to revive this judgment and for leave to issue execution thereon.</p> <p>2. Summons to revive judgment and for leave to issue execution thereon is in the nature of scire facias, is a continuation of the original action, and must conform to the record therein.</p> <p>3. The facts of this case do not show that plaintiff had waived his right to look to the judgment debtor individually for the amount found due.</p>