ART. 8.] RIGHTS OF ASSIGNEE. 63

P. G. L., (1860,) art. 9, sec. 2. 1830, ch. 165, sec. 2.

2. The equitable assignee of a judgment may issue scire facias
in his own name, to revive the same without administration upon
the estate of the legal plaintiff.

Kent v. Somervell, 7 G. & J. 265. Bank U. S. v. Lyles, 10 G. & J. 333.
Clarke v. Digges, 6 Gill 118. Goldsborough v. Cradie, 28 Md. 408.

Ibid. sec. 3. 1829, ch. 51. 1830, ch. 165, sec. 3.

3. Any defendant may make the same legal or equitable de-
fences as might or could have been had and maintained against
the assignor at the time of such assignment and before notice
thereof, and to the same extent.

Balto Ins Co. v. McFadon, 4 H. & J 45. Kemp's Exrs. v. McPherson, 7 H.
& J. 320. Harwood v. Jones, 10 G. & J. 420. Fhalen v. State, 12 G. & J. 18.
Job v. Walker, 3 Md. 129. Cox v. Sprigg, 6 Md. 274. Robinson v. Marshall,

11 Md. 251. Timms v. Shannon, 19 Md. 297. Huston v. Ditto, 20 Md. 331.
Lucas v. Byrne, 35 Md. 485. McAleer e Young, 40 Md. 439.

Ibid sec. 4. 1830, ch. 165, sec. 2. 1880, ch. 161, sec. 4.

4. When the legal plaintiff in any suit entered for the use of
any person shall die before or after judgment, the person for
whose use the same may be entered, or who may be entitled to
the same, or his representative, may prosecute the same to judg-
ment and satisfaction, as if the legal plaintiff had not died.

McAleer v. Young, 40 Md. 439.

Ibid. sec. 5. 1763, ch. 23, sec. 7.

5. The surety in any bond or other obligation, for the payment
of money or promissory note, or the endorser of any protested
bill of exchange, who shall pay or tender the money due thereon,
whether the whole be due or part has been previously paid, shall
be entitled to an assignment thereof; and may, by virtue of such
assignment, maintain an action in his own name against the prin-
cipal debtor.

Norwood v. Norwood, 2 H & J. 238. Sotheren v. Reed, 4 H. & J 307.

Ghiselin v. Ferguson, 4 H. & J. 522. Creager v. Brengle, 5 H. & J. 234.
Merryman v. State, 5 H. & J 426. Hollingsworth v. Floyd, 2 H. & G. 91.
Williamson v. Allen, 2 G & J. 344 Colegate B Fredericktown Sava. Ins., 11

G. & J. 114. Semmes v. Naylor, 12 G & J. 358. Hall's Admr. v. Cresswell,

12 G. & J. 36. Carroll v. Bowie, 7 Gill, 34. Neptune Ins Co. v. Dorsey, 3 Md.