(Caption.) day of ORDER -, 19—, this cause coming on to be heard upon the motion and application of the plaintiff for an order of court expunging the entry of satisfaction of judgment herein, the plaintiff being present by his attorney, X. Y., and the defendant being present by his attorney, G. H.; and the court, having heard all the evidence offered by both the plaintiff and defendant, and having examined the records of this court, finds from such evidence and records that in said suit in which said judgment was rendered the plaintiff obtained a judgment and order of foreclosure foreclosing a certain chattel mortgage given to secure the notes upon which such judgment was rendered, and that on the coun day of 19-, an order of sale was issued in accordance with such judgment of foreclosure directing the sheriff of ty, Oklahoma, to sell the chattels described in such mortgage and directing that the proceeds of such sale be applied to the payment of said judgment. And the court further finds that the said sheriff did, in accordance with the commands of said order of sale, sell such chattels for the sum of $ on the day of 19, and that on the day of 19, said sheriff did make due return of such order of sale to the office of the then clerk of this court, having stated in his return thereon that he had sold said chattels for the said sum of $And the court further finds that the then clerk of this court ought to have then entered a credit of $ — upon said judgment, as the proceeds of such sale by said sheriff, instead of having entered what appears to have been a full satisfaction of such judgment. And the court further finds that such entry of satisfaction of such judgment is incorrect, and that the plaintiff should not be bound thereby. And the court finds that said plaintiff is entitled to recover upon said judgment the sum of $ - as a balance due upon said judgment, togethday of -, 19—, at the er with interest thereon from the rate of six per cent. per annum. It is therefore by the court ordered, adjudged, and decreed that said entry of satisfaction of such judgment be and the same is hereby set aside and expunged from the judgment docket of this court, and the clerk of this court is ordered to correct said judgment dock 1 day of per cent. from the 19, the date of the entry of such judgment, and for all costs accrued on behalf of the original action, and for all costs of this proceeding, and that the plaintiff may have execution thereon for said sums. DIVISION IV.-JUDGMENT LIENS Judge. 9168 § 1348. Statutory regulations-Lien on real estate "The lien of a judgment is regulated by civil procedure." "Judgments of courts of record of this state, except county courts, and of courts of the United States rendered within this state, shall be liens on the real estate of the debtor within the county in which the judgment is rendered from and after the time the judgment is entered on the judgment docket. An attested copy of the journal entry of any such judgment, together with a statement of the costs taxed against the debtor in the case may be filed in the office of the clerk of the district court of any county and such judgment shall be a lien on the real estate of the debtor within that county from and after the date of filing and entering such judgment on the judgment docket. The clerk shall enter such judgment on the appearance and judgment dockets in the same manner and within the same time after such judgment is filed in his office as if rendered in the court of which he is clerk. Execution shall only be issued from the court in which the judgment is rendered or in which a transcript of a county court judgment is first filed." * 68 Rev. Laws 1910, § 3857. 69 Rev. Laws 1910, § 5148. County Court judgments.—A judgment rendered in a probate court after March 7, 1893, and prior to March 5, 1895, did not, between said dates, operate as a lien on the real estate of the judgment debtor in the county wherein such judgment was rendered, unless a transcript or abstract thereof was filed in the office of the clerk of the district court, as required by St. 1893, p. 1191. Spencer v. Rippe, 56 P. 1070, 7 Okl. 608. It has been held that a judgment of a probate court, in another county, was a lien on the judgment debtor's real estate in that county, giving the judgment creditor the right to execution in such county. Lowenstein v. Young, 57 P. 164, 8 Okl. 216. A judgment rendered in a probate court prior to March 7, 1893, was a lien on the land of the debtor in the county wherein such judgment was rendered, and continued to be a lien for 60 days after that date, but ceased § 1349. Nature of lien The lien creates no estate, interest, or right of property in the realty bound for its satisfaction; it merely gives a right to levy on the lands to the exclusion of adverse interests subsequent to the judgment. A judgment ordinarily is not a specific lien upon specific realty, but is a general lien upon all the judgment debtor's property. Its loss does not necessarily impair the validity of the 70 to operate as a lien on land after the expiration of 60 days from March 7, 1893, unless the judgment creditor caused to be filed in the office of the clerk of the district court a transcript of his judgment recovered in the probate court, as required by St. 1893, p. 1191. Spencer v. Rippe, 56 P. 1070, 7 Okl. 608. Where plaintiff obtained a judgment in the probate court of L. county, and thereafter filed a transcript of the judgment in the office of the district clerk of O. county, the judgment became a lien on all real estate in the latter county. Lowenstein v. Young, 57 P. 164, 8 Okl. 216. Judgments of justices of the peace. The clerk of the district court of a county in which a judgment was rendered by a justice of the peace sent a certified copy of an abstract of the same on file in his office to another county, where it was filed in the office of the clerk of the district court, and entered of record. Held, that the certified abstract created no lien on lands of the debtor in the latter county, since, to create a lien in such case, a certified transcript must be filed in such district court. Hubbard v. Jones, 60 P. 743, 61 Kan. 722. Where words "judgment rendered 24 Oct., 1898” followed justice's signature to judgment, it is sufficient evidence of its date, and authorizes transcript thereof to be filed in district court to preserve lien provided by Rev. Laws 1910, § 5218, when transcript is filed as required by section 5217. Kale v. Humphrey (Okl.) 170 P. 223. Entry of case, together with abstract of justice's judgment upon judgment docket, as required by Rev. Laws 1910, § 5217, together with entry showing several executions thereon, when not objected to, is sufficient to show that transcript was filed as of date of such entry of case and abstract upon judgment docket. Id. As against collateral attack of third party, execution issued out of district court upon evidence of filing of transcript of justice's judgment, held valid, even though the transcript had then been destroyed, lost, or mislaid, and had not been substituted. Id. That case and abstract of justice's judgment was entered in district court in chronological order with index under title "Judgment Debtor," and under first letter of defendant's surname instead of alphabetically, etc., held not to render such entry void, or insufficient evidence of filing transcript on date of entry. Id. Where a judgment from a justice of the peace is attempted to be transferred by an abstract filed under section 119 of the Justice's Act, said abstract is not necessarily void for uncertainty on account of the omission of the dollar marks before the amount of the debt and costs, nor on account of the omission of accurate punctuation points in denoting dollars and cents. Dickens v. Crane, 6 P. 630, 33 Kan. 344. 70 Swarts v. Stees, 2 Kan. 236, 83 Am. Dec. 588. 71 Mansfield v. Gregory, 11 Neb. 297, 9 N. W. 87. judgment as personal security, since it is merely an incident of the judgment. Furthermore, as the lien of a judgment is purely statutory, the kind or extent of a lien of a particular judgment, or the property to which the lien shall attach, cannot be prescribed by the court rendering judgment." Before the issuance and levy of an execution the lien of a judgment, as a general rule, attaches only to the lands, tenements, and hereditaments.74 The lien of a judgment is confined to the limits of the particular county in which rendered, and can attach to lands lying in another county by the filing of a transcript there." It should be noted that the statute gives a lien upon the filing of the transcript, and not upon the making of the entry by the clerk.76 77 A judgment becomes a lien on the judgment debtor's realty from the first day of the term at which it is rendered; " but where a bona fide purchaser of land pays the price, and obtains a title bond and possession from the grantor prior to the filing of an abstract of a judgment rendered against the grantor, the judgment is no lien or incumbrance on the land.78 Such lien attaches only to the actual interest of the judgment debtor." 72 Esterly's Appeal, 109 Pa. 222. 73 Hadwin v. Fisk, 1 La. Ann. 43; Castro v. Illies, 13 Tex. 229. 74 McFarran v. Knox, 5 Colo. 217. 75 Metz v. State Bank of Brownsville, 7 Neb. 165. 76 Bliss v. Brown, 96 P. 945, 78 Kan. 467. 77 Cramer v. Iler, 66 P. 617, 63 Kan. 579. 78 Elwell v. Hitchcock, 21 P. 109, 41 Kan. 130. A judgment obtained by a third person against the vendor after the execution of a valid contract of sale of land, but prior to its complete performance, cannot defeat the vendee's equitable interest. Adams v. White, 130 P. 514, 40 Okl. 535. A landowner died intestate, leaving a widow and four children. Pending partition D., one of the children, conveyed his "one-eighth interest in" the land to W. A judgment was afterwards rendered in the partition suit giv ing the intestate's widow a life estate in the land and awarding the remainder in fee to the four children, and soon after this a judgment in another action was rendered against D. and became a lien on the land. Held, that D., having conveyed only a one-eighth interest to W., still owned the other one-eighth subject to the lien of the judgment. Winter v. Dunlap, 114 P. 1057, 84 Kan. 519. 79 Postlethwaite v. Edson, 171 P. 769, 102 Kan. 104, L. R. A. 1918D, 983; A judgment lien does not reach the mere legal title of property in the debtor, when the equitable title is in another.so § 1352. Lien of corporation commission "All judgments or fines assessed against any corporation, person or firm, for the violation of any order or regulation" of the corporation commission, "shall be a first lien on all property of such corporation, person or firm within this state, and it shall be the duty of the corporation commission, if such judgment or fine is not paid within thirty days after the rendition of such judgment or fine, to issue an execution, directed to the marshal of the corporation com Gilbreath v. Smith, 50 Okl. 42, 150 P. 719; Guaranty State Bank of Okmulgee v. Pratt (Okl.) 180 P. 376; Oklahoma State Bank of Wapanucka v. Burnett (Okl.) 162 P. 1124, 4 A. L. R. 430; Lunn v. Kellison (Okl.) 153 P. 1136; Holden v. Garrett. 23 Kan. 98; Hawley v. Smeiding, 3 Kan. App. 159, 42 P. 841. Where testator merely directs his executors to sell his land and divide the proceeds among his children, a judgment lien against a child will attach to his portion of the land upon the testator's death. Smith v. Hensen, 132 P. 997, 89 Kan. 792. Where one mistakenly believes that he owns an interest in land and deeds same to his son as a gift, a title afterwards acquired by him will pass to the son only in subjection to the lien of any judgment existing against the grantor at time of acquiring the title. Leslie v. Harrison Nat. Bank, 154 P. 209, 97 Kan. 22. Filing of a justice's judgment held to create no lien on property the title to which had passed from the judgment debtor prior to the date of such filing. Gilbreath v. Smith, 50 Okl. 42, 150 P. 719. 80 Farmers' State Bank of Ada v. Keen (Okl.) 167 P. 207; Guaranty State Bank of Okmulgee v. Pratt (Okl.) 180 P. 376. A transitory seisin of lands by a judgment debtor in trust for another will not subject them to the lien of the judgment. Guaranty State Bank of Okmulgee v. Pratt (Okl.) 180 P. 376. Where a judgment debtor has transferred his entire equitable estate in land to a third person before rendition of the judgment and retains merely the legal title, the judgment is not a lien on the land. Emery v. Farmers' State Bank of Washington, 155 P. 34, 97 Kan. 231. A judgment lien attaches to no interest greater than that possessed by the judgment debtor when the judgment was entered. Id.; J. I. Case Threshing Mach. Co. v. Walton Trust Co., 136 P. 769, 39 Okl. 748. The fact that property actually purchased by another was conveyed to a judgment debtor for the benefit of the purchaser did not render it subject to the judgment, under St. 1890, § 4188, providing that the right of an incumbrancer of real property for value shall not be prejudiced by an implied or resulting trust, of which there was no notice. Baird v. Williams, 44 P. 217, 4 Okl. 173. |