法律英语|英文法律词典 S-94

SUBSTITUTION, chancery practice. This takes place in a case where a creditor^{1 has a lien2 on two different parcels of land, and another creditor has a subsequent lien on one only of the parcels, and the prior creditor elects to have his whole demand out of the parcel of land on which the subsequent creditor takes his lien; the latter is entitled, by way of substitution, to have the prior lien assigned to him for his benefit. 1 Johns. Ch. R. 409; 2 Hawk's Rep. 623; 2 Mason, R. 342. And in a case where a bond creditor exacts the whole of the debt from one of the sureties, that surety is entitled to be substituted in his place, and to a cession3 of his rights and securities, as if be were a purchaser, either against the principal or his co-sureties. Id. 413; 1 Paige's R. 185; 7 John. Ch. Rep. 211; 10 Watts4, R. 148.}

2. A surety on paying the debt is entitled to stand in the place of the cre-ditor and to be subrogated to all his rights against the principal. 2 Johns. Ch. R. 454. 4 Johns. Ch. R. 123; 1 Edw. R. 164; 7 John. R. 584; 3 Paige's R. 117; 2 Call, R. 125; 2 Yerg. R. 346; 1 Gill John. 346; 6 Rand. R. 98,; 8 Watts, R. 384. In Pennsylvania it is provided by act of as百度竞价推广bly, that in all cases where a constable^{5 shall be entrusted6 with the execution of any process for the collection of money, and by neglect of duty shall fail to collect the same, by means whereof the bail7 or security of such constable shall be compelled to pay the amount of any judgment8 shall vest in the person paying, as aforesaid, the equitable9 interest in such judgment, and the amount due upon any such judgment may be collected in the name of the plaintiff for the use of such person. Pamphlet Laws, 1828-29, p. 370. Vide 2 Binn. R. 382, and Subrogation.}

SUBSTRACTION, French law. The act of taking something fraudulently; it is generally applied^{10 to the taking of the goods of the estate of a deceased person fraudulently. Vide Expilation.}

SUB-TENANT. The same as under-tenant. See Under-leaser; Under-tenant, and 1 Bell's Com. 76.

SUBTRACTION^{11. The act of withhold12 ing or detaining anything unlawfully.}

SUBTRACTION OP CONJUGAL^{14 RIGHTS. The act of a hushand or wife by living separately from the other without a lawful13 cause. 3 Bl. Com. 94.}