Hamilton-Brown Shoe Co. v. Walker
Hamilton-Brown Shoe Co. v. Walker
Opinion of the Court
delivered the opinion of the court.
It is agreed by all parties interested herein that, on the 18th day of July, 1888, appellants obtained judgment in Hinds circuit
The proceeds of such sale being insufficient to satisfy all these judgments, motion was made by appellants for a rule on the sheriff of Claiborne county requiring him to apply the money in his hands, arising from such sale, to the satisfaction of the demand of the Hamilton-Brown Shoe Company first, and the balance, if any, to the demands of the other judgment creditors named. This motion was denied in the court below, and the sheriff of Claiborne county was directed to apply the funds in his hands to the payment of the judgments in the order of their enrollment in his county.
“The lien of a judgment depends on the statute regulating it. It exists or not, as the statute declares.” Bergen v. The State, 58 Miss. 627, section 1738, code of 1880, declares that no judgment shall be a lien upon property situated out of the county in which the judgment was rendered, until a proper abstract of such judgment shall be filed in the office of the clerk of the circuit court of the county in which such property may be situated, and, after enrollment, the judgment shall be a lien upon a defendant’s property in such county.
The statute bears its own construction upon its own face. There is no judgment lien outside the county in which the judgment is rendered until the abstract of such judgment has been filed and enrolled in the other county in which defendant may have property. Priority in rendition, as in the ease before us, has no determining
The judgment of the court below is in conformity to this view, and is therefore,
Affirmed.
Reference
- Full Case Name
- Hamilton-Brown Shoe Co. v. N. S. Walker, Sheriff
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Lien op Judgment. Property in another county. Enrollment of abstracts. Priority. Code 1880, § 1738. Judgments do not become liens upon property of a defendant out of the county in which they were rendered until abstracts thereof are filed and enrolled in the office of the circuit clerk of the county where such property is situated, and the liens thus acquired have priority in the order of such filing and enrollment, without regard to the time of rendition of the judgments. Code 1880, § 1738.