Fulton v. Duro

ON DENIAL OF PETITION FOR REHEARING

WALTERS, Chief Judge.

In this case we are asked to decide whether recording a judgment imposes a lien on a judgment debtor’s interest in land which he is purchasing under an executory contract. We must also determine whether the failure to record a writ of execution is a fatal defect in the levy on real property, invalidating a subsequent execution sale.

Verdean Fulton, holder of a judgment against Loyd Duro, challenges an order which set aside a sheriff’s execution sale of real property in which Duro formerly had a vendee’s interest. The district court below…