Street v. Smith
Street v. Smith
Opinion of the Court
delivered the opinion of the court.
The demurrer of appellant was properly overruled. The judgment in favor of Jerdine against Mrs L. A. Munger was assigned in writing — so the bill avers — to appellee before the expiration of seven years from the rendition thereof. By suit in the name of the assignee of the judgment, brought within the time prescribed by § 2743, Code 1892, the lien of the judgment was extended under the operation of § 2743, Code 1892. This was a full compliance with all of the provisions of law governing the renewal and extension of the lien of judgment which were obligatory upon the appellee.
Sec. 2462, Code 1892, has no application to judgment liens. This is made manifest not only by the connection in which the •section is used in the chapter devoted specially to “Lands and Conveyances,” and dealing primarily with the registry laws of the state, but it also becomes evident from an examination of the language of the section when considered in connection with other code sections relating to the same subject-matter. See. 2462 recites that where the remedy to enforce any mortgage, deed of trust, or other lien on real or personal property which is recorded appears on the face of the record to be barred by the statute of limitation, the lien shall cease and have no effect as to creditors and tona fide purchasers, unless within six months after such remedy is so barred the fact that such lien has been renewed or extended appears by entry on the margin of the record thereof, or a new mortgage, deed of trust, or lien noting the fact of renewal or extension be duly filed for record within such time. It is apparent that the section was never intended to apply to liens of judgments after enrollment which exist only by virtue of express statutory provisions, because judgment liens are not recorded, within the meaning of this section, and because a judgment lien can neither be renewed nor extended by the creditor, debtor, or trustee, as' required by ch. 98, p. 106, Laws 1896, amending sec. 2462. Again, no new lien can be executed and duly filed for record, as required by the
Affirmed and remanded, with leave to answer within sixty days from the 'filing of the mandate in the court below.
Reference
- Full Case Name
- Horace Street v. Benjamin L. Smith
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- 1. Judgments. Statutes of limitations. Code 1892, g 2743. New suit by assignee. A suit by the assignee of a judgment, within the,period of limitation, is a full compliance with the statute and extends the lien of the judgment, under Code 1892, § 2743, providing that actions on judgments shall be brought within seven years after their rendition. 2. Same. Judgment roll. Notice. Mow lien extended. Under Code 1892, § 2743, requiring actions on judgments to be brought within seven years after the rendition thereof: (а) The judgment roll, in case of a recovery in an action by an assignee of the judgment to renew the same, need not show the assignment or that the new judgment was based on the original assigned one; and (б) The lien of a judgment can be extended only by the bringing of a suit thereon within the statutory period. 3. Same. Lien. Apparent bair. Renewal and extension. Code 1892, l 2462. Code 1892, § 24,62, providing that, where the remedy to enforce any lien which is recorded appears by the record to have been barred by limitations, the lien shall cease, as to creditors and bona fide purchasers, unless within six month's after such remedy is so barred the fact that such lien has been renewed or extended appears by entry on the record, or by a new instrument filed for record within such time, has no'application to judgment liens.