Johnson v. Sherrodd
Johnson v. Sherrodd
Opinion of the Court
Judgment was obtained in the circuit court of Christian county, Missouri, in favor of the Bank of Sparta, against I. F. Adams, J. A. Sherrodd,
This record presents but one question for our determination, and that is whether one of several joint debtors, against whom judgment has been obtained, can pay off the debt, take an assignment of the judgment, and collect the same from his co-debtors by execution. That this cannot be done, where the debt is a joint one, has been unformly held by the courts of this country. [68 L. R. A. 515 (note).]
And it has been expressly held by the Supreme Court in this State that in such a case, the execution should be quashed upon motion of a co-debtor. [Hull v. Sherwood, 59 Mo. 172.]
It follows that the motion to quash in this case should have been sustained. If there are equities between the judgment debtors to be adjusted, this should be done in an appropriate proceeding in equity, or if the party who paid the judgment was surety only, he might proceed, under the statute, by motion for judgment against the principal or a co-surety, but he cannot collect what may be due him in the manner attempted in this case. The judgment will be reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.