16 Ala. 813 | Ala. | 1849
The plaintiff in error recovered a judgment in the Circuit Court of Russell against the defendant, for seven hundred dollars, upon which an execution issued. The defendant filed his petition for a supersedeas, alleging that he had paid and satisfied the judgment before the execution came to the hands of the sheriff, and thereupon prayed that the execution be superseded. A.t the April term 1849 of the Circuit Court, the plaintiff, Edwards, filed his plea to the petition, denying that the judgment was paid and satisfied. Benjamin If. Baker, as it appears from the record, likewise came and avered that on the 10th day of November 1848, Edwards, the plaintiff, assigned the judgment to him for a valuable consideration, and that said Lewis had notice
The plaintiff insists that the court erred in rejecting the; plea filed by Baker, and also in rejecting the proof showing the- assignment of the judgment.
It is true that courts of law will protect the interest of the assignee of a judgment, or oí any other chose in action, and will not permit the assignor to defeat the interest of the assig-nee by any act of his own, or by a combination with the party who owes the money; and if the money be paid after notice of the assignment, such payment will not discharge the demand, but the assignee may use the name of the assignor and recover it, notwithstanding such payment. But as the legal title is not in the assignee, he cannot sue in his own name, but must use the name of his assignor. So if proceedings be commenced by the defendant to the judgment to have satisfaction entered of record, or to supersede the execution, the assignee may resist them, and for this purpose may use the name of his assignor, but being a stranger to the record, not a party to the suit, and having but an equitable right, he is prohibited from pleading in his own name.
The judgment must be affirmed.