Quinn v. Alexander

Citations

• 125 Miss. 690
• 88 So. 170

Syllabus

<p>1. Subrogation. A surety paying1 a judgment has all the equities of the judgment creditor.</p> <p>A surety paying a judgment against himself, his principal, and another, has, under section 3735. Code of 1906, Hemingway’3 Code, section 2911, all of the liens and equities therein that the judgment creditor had both against the surety’s principal and the other person against whom the judgment was rendered.</p> <p>2. Bnxs and notes. Indorser’s name need not be noted as indorser on execution of judgment on note against maker and indorser who has also guaranteed payment.</p> <p>Where a judgment is rendered on a promissory note against the maker and an indorser who has also guaranteed the payment of the note, the indorser is not within the requirement of section 4015, Code of 1906, Hemingway’s Code, section 2577, that “The clerk or justice of the peace shall indorse on all executions issued on judgments rendered in suits on promissory notes and bills of exchange the names of the makers, drawers, acceptors, and indorsers, so as to designate the order in which they are liable,” etc.</p>