Staples v. Fox

Citations

• 45 Miss. 667

Syllabus

<p>1. Subrogation—general principle. —Whenever a party has such an interest in property as makes it incumbent on him to get in an outstanding claim or equity for its protection, good conscience dictates that he shall have all the rights which the holder of the equity had.</p> <p>2. Same — case in point. — A sheriff, who, induced by the defendant in an execution in his hands, fails to levy and make the money and return the execution according to its command, and, to avoid threatened legal proceedings against himself and sureties, pays the judgment, is in equity entitled to be substituted to all the rights of the judgment creditor, and to have the benefit of any security he had to the judgment debt.</p> <p>3. Statute construed—art. 121, p. 123, Rev. Code, 1857.—A sheriff is entitled to the benefit of art. 121, p. 123, Rev. Code, 1857, only when he brings himself strictly within the terms, by payment of a judgment recovered on a motion for failure to return an execution.</p>