Allen-West Commission Co. v. Millstead
Allen-West Commission Co. v. Millstead
Opinion of the Court
delivered the opinion of the court.
We do not deem it necessary to decide whether the deed from R. A. Rutledge and his wife, Eliza J. Rutledge, of date July 15, 1869, conveying to J. M. Rutledge the east half of the property in question, was or was not valid. Equally unimportant, in our view of the case, is the question of whether or not the deed of December 12, 1883, made by R. A. Rutledge to J. M. Rutledge of the west half of the property, was a valid deed, and -it may be conceded that at the death of R. A. Rutledge,
It is contended that this judgment against R. H. Rutledge was a mistake, and that, while R. H. Rutledge was the name under which it was enrolled and in which it was rendered, in truth and in fact the judgment was against R. D. Rutledge; but the judgment itself does not so state, nor does the enrollment of the same disclose this fact in the office of the circuit clerk of Monroe county. This judgment against R. R. Rutledge and the enrollment of same were five years before the deed of R. D. Rutledge and others to John W. Rutledge. It is not shown that at
But it is claimed that this judgment was revived on October-10, 1900, and if by the first judgment a lien was not acquired on this property, by the second judgment the appellants did acquire a lien. The answer to this is that at the time of the rendition of the-second judgment it is shown that John W. Rutledge was in actual possession of the property under the unrecorded deed made to him by R. D. Rutledge of his interest. This being the case, it was constructive notice to the judgment creditor of his deed, and the judgment creditor under these circumstances only acquired a lien upon the actual interest which R. D. Rutledge might have had, and at this time he had' - parted with all his interest. As to this there is no difference-
There are many other questions raised in argument of counsel 5 but, since this disposes of the case, we do not decide them. It follow's that the action of the lower court in sustaining the bill to enjoin appellants from levying an execution on this property was correct, and the decree is affirmed.
Affirmed.
Reference
- Full Case Name
- Allen-West Commission Company v. Jacob F. Millstead
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- 1. Judgment Lien. Error in defendant’s name. Judgment 'roil. Constructive notice. A judgment rendered and enrolled against a defendant, designated only by two capital letters preceding his surname, is not constructive notice of a lien on the lands of a person of the same surname, the first of whose initials is the first of the letters used, but whose second initial is a different letter from the second one used, although the plaintiff intended to sue that person. 2. Same. ’ Error. Corrected. Bona fide purchaser. A judgment rendered and enrolled, mistakingly naming the defendant, cannot be corrected so as to affect the intervening rights bf bona fide purchasers. 8. Same. Actuad possession of land. Notice. Actual possession of land by a bona fide purchaser thereof charges all persons concerned with notice of his rights as effectually as would the recordation of his'deed. 4. Same. Federal court judgment. The rule that a- bona fide purchaser of land from a judgment debtor, before the judgment against him became effective, takes a good title as against the judgment creditor, is the same whether the judgment were rendered by a federal or a state court.