Skinner v. Lehman's Heirs
Skinner v. Lehman's Heirs
Opinion of the Court
delivered the opinion of the court:
A great many questions are raised by counsel, and amply discussed in this case ; but in the view we take of it, it is only necessary for us to consider one of them.
In the proceeding in chancery for the sale, settlement, and distribution of Peter Lehman’s estate, all the interests asserted by the defendants in this suit were represented by the parties, and all the interest now in contest, except the complainant’s. By the decree, the judgment for the -identical cause of action with that now sought to be enforced as a lien against the complainant’s lot was paid. The judgment against the principal debtor, who in equity was bound to pay the money, was assigned to the heirs of Peter Lehman. The interest of those heirs was joint; the princi< pal debtor, Stutsman, was one of them. He was a party himself,
Suppose a man in debt mortgage land to secure the payment, and afterward a judgment is taken by a third person against him and his neighbor, which is suffered to remain several years without execution of the mortgaged.land, though a lien upon the equity of redemption in the mortgagor. While the judgment is in this situation, the judgment debtor sells and conveys the land to the holder of the mortgage, and becomes insolvent. He then agrees with his neighbor, against whom, with him, the judgment was taken as his surety, who has money of the debtor in his hands sufficient to pay off the judgment against him, that they will pay off the judgment out of the principal (and insolvent) debtor’s funds, take an assignment of the judgment to themselves jointly, and collect the amount for their joint benefit, by a sale of the same land he has sold and conveyed away. The fraud of such a transaction would be palpable, and if the law sanctioned the proceeding, it would be justly chargeable with all the consequences of
In our opinion the judgment against Stutsman is satisfied in equity, and can not be asserted as a lien upon the lot held by the complainant. The complainant may take a decree perpetually enjoining against the enforcing the judgment upon the lot in-question, to quiet his title as regards that lien, and against the heirs of Peter Lehman, who are defendants, and those representing the other heirs, not defendants, for the costs.
This view makes it unnecessary to examine the other points argued.
Reference
- Full Case Name
- Skinner v. P. Lehman's Heirs and Adm'rs and others
- Cited By
- 1 case
- Status
- Published