Murray v. Witte

Citations

• 16 S.C. 504
• 1882 S.C. LEXIS 24

Syllabus

<p>1. A purchaser of an intestate’.s lands sold for partition in 1853 gave her bonds for the purchase-money, and as guardian for two of the infant, distributees received two of these bonds in part of their estate. As the instalments upon the bonds became due, she charged herself as guardian with the amounts, and accrued interest, and so it appeared in her returns made at the time to the Court of Equity. One ward became of age in 1S58 and the other in 1859, and the guardian, at these dates respectively, gave to each her bond, without .sureties, in a penal sum double the amount ascertained to be due, and conditioned for its payment, which sum in each case was larger than the amount of her purchase-bonds. In 1800, the guardian confessed judgment upon each of these bonds given to her former wards, and under these judgments the lands purchased by the judgment debtor at the partition sale were sold. Afterwards the former wards brought their action against the vendees of the purchasers at the sheriff’s sale to foreclose the statutory lion under the act of 1791. JTdd, that the bonds given to the commissioner in equity in 1853 were paid, and the lien to secure their payment thereby discharged.</p> <p>2. Tiie union of the character of debtor and creditor in the person of the guardian here, did not certainly extinguish the statutory lien that secured her indebtedness, hut the circumstances of the case show that the original debt was treated by all parties as paid, and its security as satisfied.</p> <p>3. One security does not operate as payment of another unless so intended by the parties; but the intent that the bonds taken by the wards at their majority should discharge the indebtedness of their guardian as then ascertained, is clearly dedueible from the circumstances of this case.</p>