"All and singular the real estate of every person against whom any judgment shall be obtained in any court of record either at law or in equity, for any debt, damages, costs or any other sum of money, shall be liable to be sold on execution, to be issued upon such attachment, and a transcript of the docket entry of any judgment in the judgment docket, certified by the clerk, may be filed with the recorder of any county; and from the time of filing such transcript the judgment shall become a lien upon all the real property of such judgment debtor, and not exempt from execution in such county, owned by him, or which he may afterwards acquire, until the said lien expires." In Emery v. Yount, 7 Colo. 110, the court said: "If he (the judgment creditor) takes advantage of the statute and records, he obtains a judgment lien upon all the realty of the debtor not exempt from execution, this lien takes precedence over subsequent purchases or incumbrances thereof." In McMurtrie v. Riddell, 9 Colo. 501, the court said: "No subsequent transfer or incumbrance by the debtor can prejudice the right of such creditor." Applying the law to the facts before us, the deed of the master in chancery construed from its unambiguous language, conveyed the real estate in question to Teller, trustee, for the use of Seymour and Pell. The estate so conveyed was unlimited as to time. The legal title so conveyed was in feeso was the use. The Statute of Uses operated, transferred the legal title to cestuis que use who, perforce the statute and the deed became the owner in fee of the legal and equitable estate in the property conveyed. In legal effect the deed of the master conveyed the entire legal and equitable estate in the property to Seymour and Pell. When such an estate was declared by the recording of the deed, the transcript of judgment of appellee immediately attached to it, creating a lien superior to the secret lien, which, by oral agreement, existed between appellant and Seymour and Pell. 3. Appellant further contends that he has a superior lien to appellee through his attorney's lien. Appellee had no notice of appellant's right to or intention to claim an attorney's lien at the time he filed his transcript of judgment, and, therefore, the lien acquired through his transcript is superior to the right of an attorney's lien if one still exist between appellant and Seymour and Pell.-Johnson v. McMillen, 13 Colo. 426; Fillmore v. Wells, 10 Colo. 234; B. & C. S. Co. v. Pless, 9 Colo. 112. Further, if the court below had received the evidence offered it would have shown that by the contract which appellant relied upon to show an active trust the right to an attorney's lien was waived. -Whitehead v. Jessup, 7 Colo. App. 461. We think the judgment below was right, and should be affirmed. Affirmed. [No. 2284.] THE TABOR MINES AND MILLS COMPANY V. NEWELL. Contracts-Judgments-Accord and Satisfaction. Defendants having a judgment against plaintiff with a decree of foreclosure on plaintiff's mine, entered into a contract with plaintiff whereby defendants agreed to accept within a certain time a certain sum with interest în satisfaction of the judgment, and plaintiff's lessee was to pay to defendants a certain part of the royalties due plaintiff under the lease as such royalties fell due, to be applied on the sum agreed to be paid in satisfaction of the judgment, and in any event the amounts so paid to be credited on the judgment and not to be recoverable back by plaintiff and the parties agreed to stay further legal proceedings for the time mentioned, the defendant to forbear the enforcement of his foreclosure decree, and plaintiff agreed to sue out no writ of error during the time, and the sum agreed on not having been paid within the time, another contract was executed extending the time for payment with a stipulation if not paid within the time as extended defendants were to be relegated to their rights under the decree. Held, that the contracts were not an accord and satisfaction of the judgment and decree and that the amount agreed on not having been paid within the time, defendants could proceed to foreclose for the amount of the judgment less the payments made under the contracts. Error to the District Court of Lake County. Mr. A. S. BLAKE, Mr. H. B. JOHNSON, Mr. L. J. STARK and Mr. J. WARNER MILLS, for plaintiff in error. Mr. JOHN M. MAXWELL, for defendants in error. August 11, 1896, plaintiff in error entered into a contract with defendants in error, pertinent parts of which are the following, to wit: "Whereas, on the 11th day of June, A. D. 1896, there was rendered in the district court of the county of Lake, state of Colorado, a judgment and decree of foreclosure in a suit then and there pending in favor of the parties of the second part against the party of the first part, and "Whereas, all the parties hereto are desirous of compromising and settling the said judgment; "Now, therefore, in consideration of the premises, it is mutually agreed and understood by and between the parties hereto that the parties of the second part will accept the sum of eighteen thousand ($18,000) dollars with interest on said sum from the 3d day of July, A. D. 1896, at one per cent. (1 per cent.) per month, to be paid as hereinafter specified, in full consideration and satisfaction of settlement of said judgment and decree. "That the party of the first part, The Tabor Mines and Mills Company, will pay or cause to be paid all taxable costs which have accrued in the suit of James W. Newell et al. v. The Tabor Mines and Mills Company et al., in the district court of Lake County, state of Colorado, which costs shall be deducted by the parties of the second part from the first royalties to be by them received from The Ransom Leasing Company. "That The Ransom Leasing Company which is at the present time the lessee of the Matchless Mine, situated in Lake county, state of Colorado, under and by virtue of a lease from The Tabor Mines and Mills Company dated the 10th day of July, A. D. 1895, shall pay to the parties of the second part or their heirs seven-eighths (%) of all royalties which have accrued and shall accrue under and by virtue of said mining lease from and after the 3d day of July, A. D. 1896, for the period of eighteen (18) months from the date of this contract That for the purpose of computing interest under and by virtue of the terms of this contract it is hereby agreed and understood that interest on the sum remaining due on the first day of each month from and after the date of this contract at the rate of one per cent (1 per cent.) per month shall be computed and that such interest shall be first deducted from the amount of royalty at that time paid and unapplied, and that the balance of such royalty shall be applied upon the principal sum then remaining due. "That upon the execution of this contract the order of the district court of the county of Lake, state of Colorado, entered in the case of James W. Newell et al. v. The Tabor Mines and Mills Company et al., on the 24th day of June, A. D. 1896, requiring the defendant, The Ransom Leasing Company, to deposit the royalties under such lease in the American National Bank of Leadville, Colorado, shall be set aside and for naught held, and that all further legal proceedings between the parties hereto shall be stayed for the period of eighteen (18) months from the date of this contract, and that during the period of said eighteen (18) months that parties of the second part shall not sell or cause to be sold under said decree of foreclosure the property mentioned and described in said decree. "It is mutually agreed and understood by and between the parties hereto that this contract is made and entered into without prejudice to the rights of the defendant, The Tabor Mines and Mills Company, to prosecute its writ of error in the court of appeals or the supreme court of the state of Colorado at the expiration of the eighteen (18) months from the date hereof; provided said defendant should see fit so to do, and nothing herein contained shall prevent the said The Tabor Mines and Mills Company from completing its bill of exceptions and having the same signed, sealed and filed. "And it is further agreed and understood that what is here done and proposed to be done is simply by way of a compromise of the matter now in suit; provided, however, that it is distinctly agreed and understood by and between the parties hereto that any and all sums of money which shall be received by the parties of the second part on account of royalties to them paid by The Ransom Leasing Company shall be considered as payment upon said judgment and decree, and shall not in any event be recoverable of or from the parties of the second part in any suit or action to be hereafter commenced against them by the said The Tabor Mines and Mills Company. "It is further agreed and understood that The |