Gegner v. Warfield, Howell & Co.
Gegner v. Warfield, Howell & Co.
Opinion of the Court
The petition states that the plaintiff and one John Longhenry were partners, and as such became indebted to the defendant, who procured a judgment against the plaintiff and Longhenry. At the time the judgment was rendered the plaintiff and Longhenry were each the owners of one undivided one-lialf of certain real estate. After the recovery of said judgment, the plaintiff sold the undivided one-half of the real estate belonging to him to one Camp, subject to the lien of said judgment; that afterwards Camp conveyed the said real estate to Barbary Longhenry on like terms and conditions; that afterwards the defendant, with full knowledge of the foregoing facts, and without the consent of the plaintiff, executed the following writing: “Received, September 22, 1885, of J. Longhenry, one hundred and fifty dollars, to apply on the judgment” in favor of the defendant above referred to, “ and in consideration thereof, * * * release from the lien of the judgment ” the real estate conveyed by plaintiff to Camp, an'd also the undivided one-half thereof belonging to Long-henry. Both Longhenry and Camp are insolvent, and the defendants, having caused execution to issue on the judgment, are seeking to compel the plaintiff to pay the balance due thereon, and by reason of the matters stated, he asked to enjoin it from so doing. There was a demurrer to the petition, which was sustained, and the plaintiff appeals.
Counsel for the appellant insists that, when plaintiff conveyed the real estate to Camp, charged with the payment of
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.