Patterson v. Baxley

Citations

• 33 S.C. 354
• 11 S.E. 1065
• 1890 S.C. LEXIS 148

Syllabus

<p>1. Under summons to renew an execution, an order may be passed reviving the judgment.</p> <p>2. Where judgment for foreclosure, entered prior to the Code, authorized application for execution to be made when any deficiency shall become due, but the report on sales stating the amount of such deficiency was not confirmed until after the passage of the Code, and execution was afterwards issued, the duration of the judgment is governed by the old law and not by the provisions of the Code.</p> <p>3. Where a judgment was entered on June 30, 1869, against principals and sureties, its lien continued until it was presumed to be paid by the lapse of twenty years; but the judgment having been paid in full in 1874 by one of the sureties, this presumption was rebutted, and the surety who made the payment was entitled at any time within twenty years thereafter to have the judgment revived against the principals.</p> <p>4. Under the act which declares that no judgment shall have a lien for more than 'twenty years, unless a note of some payment on account be filed with the record of such judgment, payments made, by a defendant, who was a surety, to the sheriff, and by him entered in his books, are sufficient to continue the lien of such judgment against the principal debtors in favor of such paying surety for a further period of twenty years.</p>