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to satisfy his lien. The creditors of the judgment debtor may not, by any proceeding to which the creditor is not a party, impair the lien of the judgment. The lien of the judgment does not give the holder of it any right to the crop on the land at the time it is secured, nor any right to the rents and profits of the real estate, and all the real estate of the judgment debtor in the county where the judgment is recovered is subject to the lien.76

Sec. 122. Judgment of county court lien on real estate.

All judgments rendered in the county courts of the State of Oklahoma, are liens on any and all real estate of the judgment debtor in the counties where jurisdiction lies."

Sec. 123. Lien on real estate-Lien dates from when-Lien on judgment from another county, how secured. Judgments of courts of record of this State, and of courts of the United States, rendered within this State, are 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 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 will operate as a lien on the real estate of the debtor within that county from and after the date of the filing and entering of such judgment on the judgment docket. The clerk is required by law, to enter such

76 Freeman on Judgments, Sec. 328, citing Rogers v. Bonner, 45 N. Y. 379; Independent v. Werner, 43 Ia. 643; Ashton v. Slater, 19 Minn. 347; Foute v. Faewman, 48 Miss. 536; Petite v. Shepherd, 5 Paige, 493, 28 Am. Dec. 437; Witmer's Appeal, 45 P. S. 455, 84 Am. Dec. 505; Mansfield v. Gregory,

11 Neb. 295; Conrad v. Insurance Co., 1 Pet. 378; Lanning v. Carpenter, 48 N. Y. 412; Rowe v. Miner, 28 Kan. 441; Dail v. Freeman, 92 N. Car. 351; Logan v. Hale, 42 Cal. 645.

77 Act of March 5, 1895; Wilson, 1,876.

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. Executions can only be issued from the court in which the judgment is rendered.78

Sec. 124. Judgment recorded in office of register of deeds— Effect of.

Any judgment or decree of a court of competent jurisdiction, finding and adjudging the rights of any party to real

78 Snyder, 5,941; Wilson, 4,608. A judgment of the probate court rendered prior to March 7, 1893, was a lien upon the real estate of the judgment debtor in the county wherein such judgment was rendered, and continued to be a lien on such real estate for the period of sixty days after that date, but ceased to operate as a lien on real estate after the expiration of sixty 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 or abstract of his judgment recovered in the probate court. And where one recovered a judgment in the probate court against a party, prior to March 7, 1893, but failed to file a transcript or abstract of such judgment in the office of the clerk of the district court until after the expiration of sixty days from the date last above named, and thereafter, and prior to March 5, 1895, the judgment debtor sold real estate located in the county where such judgment was rendered, to a third party, and conveyed the same by warranty deed, such third party acquired a good title as against the judgment cred

itor, such creditor having lost his lien on said real estate, by not filing a transcript or abstract of his judgment in conformity with Section 2 of the act relating to judgments rendered in probate courts, on page 1,191 of the statutes of Oklahoma of 1893. A judgment rendered in a probate court of this territory, 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 judg ment 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. Upon the filing of such transcript or abstract in the office of the clerk of the district court, it operated as a lien upon the real estate of the judgment debtor in such county, the same as if a judgment for that amount had been rendered in the district court. Spencer v. Rippe, 7 Okla. 608, 56 Pac. 1,070; see, also, Lowenstein v. Young, 8 Okla. 216, 57 Pac. 164; see, also, on this subject, Baird v. Williams, 4 Okla. 173, 44 Pac. 217; Lewis v. Atherton, 5 Okla. 90, 47 Pac. 1,070.

estate, or any interest therein, duly certified, may be filed for record and recorded in the office of the register of deeds with like effect as a deed duly executed and acknowledged."

Sec. 125. Res adjudicata-Parties defendant.

Nothing in the code of civil procedure shall be so construed as to make a judgment against one or more defendants jointly or severally liable, a bar to another action against those not served.80

Sec. 126. Lis pendens.

Where the petition has been filed, the action is pending, so as to charge third persons with notice of its pendency, and while pending no interest can be acquired by third persons in the subject-matter thereof as against the plaintiff's title; but such notice shall be of no avail unless the summons be served or the first publication made within sixty days after the filing of the petition.81

Sec. 127. Lis pendens-Lands in other county.

Where any part of real property, the subject-matter of an action, is situated in any other county or counties than the one in which the action is brought, a certified copy of the judgment in such action must be recorded in the office of the register of deeds of such other county or counties, before it shall operate therein as notice, so as to charge third persons, as provided in the preceding section. It shall operate as such notice, without record, in the county where it is rendered. $2

82

79 Snyder, 1,216; Wilson, 909. 80 Snyder, 5,620; Wilson, 4,284.

81 Snyder, 5,621; Wilson, 4,285. 82 Snyder, 5,622; Wilson, 4,285.

Sec. 128. The procedure by which judgment is obtained on warrant of attorney to confess judgment-Form for the petition.

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The plaintiff says that it is a corporation duly incorporated and organized under the laws of the State of Oklahoma, having its banking house and principal place of business in the city of, in the County of, State of Oklahoma, and this, its action, is founded upon a promissory note, of which the following is a copy, with all the indorsements and credits thereon: -, Oklahoma, 19-.

$

On demand after date, for value received, I promise to pay Company, at its banking house in

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Oklahoma, with interest thereon at the rate of

the sum of $per cent., payable annually after date until paid, and I do hereby authorize any attorney at law to appear for me in an action on the above note at any time after the same becomes due, in any court of record in the State of Oklahoma, to waive the issuance of process against me, and to confess judgment in favor of the legal holder of said note against me, for the amount then due on said note, at the rate of per cent. interest therein stipulated, and hereby release all errors in said proceedings and all right to prosecute a petition in error upon such judgments or proceedings.

Said note being indorsed as follows:

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to me known to be the identical person who executed the within and foregoing instrument, and acknowledged to me that he

executed the same as his free and voluntary act and deed for the uses and purposes therein set forth.

There is due the plaintiff from defendant on said note the sum of $ which it claims with interest from the

day of

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19-, at

per cent. per annum, payable annually, until paid, for which, with costs of suit, it asks judgment against the defendant.

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record in this court, duly authorized by warrant of attorney embraced in the note sued on in this suit, and which note, with the accompanying warrant of attorney, with acknowledgment thereof in due form, as required by statute, is produced,

now comes and waives the issuing and service of process in this action, and hereby enters the appearance of said defendant herein, and said defendant, by said attorney, duly authorized as aforesaid, says he cannot gainsay or resist the facts stated or allegations contained in the petition of said plaintiff herein filed against him, but acknowledges and confesses the same to be true, and says he is indebted to plaintiff on said note in the manner and form as in its petition set forth, and that the amount due upon said indebtedness at this date, is the sum of per cent. per annum, payable annually until paid, and therefor, for that sum, with interest from the

$

with interest at

day of

cent. per annum, payable

per

19—, at annually until paid, according

to the terms thereof, he confesses judgment in favor of the

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