
    John H. Sargent, Assignee, vs. The Executrix and Executor of William Clarkson.
    Tried before his Honor. Judge Earle, Charleston, May Term, 1836.
    Robert Blakely obtained a judgment against Henry Holmes, who took the benefit of the insolvent debtor’s áct; and was discharged on making an assignment of his effects to William Clarkson, in trust, for the creditors. Blakely assigned his judgment to the plain, tiff, who brought this action of debt against tho defendants, as executrix and executor of Clarkson, the assignee of Holmes, on the judgment assigned to him. General demurrer, and joinder in demurrer. On the hearing, judgment for the defendants on demurrer. The plaintiff appeals on the grounds annexed.
    B. J. EARLE.
    The plaintiff appeals from the decision of his honor the presiding judge, on the ground of his being mistaken in sustaining defendant’s demurrer, and for many other reasons.
    SARGENT, in pro, per.
    
   Mr, Justice O’Neall

delivered the opinion of the court.

The .plaintiff has mistaken his remedy. Neither the defendants nor their fasistor, are indebted to the plaint' ff, by the judgment Which this action is brought. The assignor of the testator is the debtor ; and if the defendants be at all responsible, it is for such funds of the insolvent assignor, which were properly applicable to the payment of the plaintiff’s debt, received by their testator, and neither by him or them, so applied. The judgment on which the plaintiff sues, imposes no legal obligation on the defendants ; and it follows that they rightly demurred.

Sargent, in pro. per., for motion.

King, contra.

Filed 14th February, 1837.

The motion to reverse the judgment of the Circuit Court, is dismissed.

JOHN B. O’NEALL.

We concur,

RÍCHARD GANTT.

JOSIAH J. EVANS,

J. S RICHARDSON,

A. P. BUTLER.  