Street v. Duncan
Supreme Court of Alabama
Appeal from the Circuit Court of Tallapoosa. Tried before the Pión. N. D. Denson. The facts of the case are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Tallapoosa. Tried before the Pión. N. D. Denson. The facts of the case are sufficiently stated in the opinion. Where a judgment is recorded, under the . Act of February 27, 1887, the registration of the judgment creates a lien on the defendant's property, whether execution is issued and-regularly kept or not, and' the recording of the judgment certificate preserves the lien exactly to the same extent as if executions had been issued without a lapse. Reynolds v. Collier, 103 Ala. 245. cited Ilillv. Slaughter, 7 Ala. 632; Pondv. Griffin, 1 Ala. 678.
1Opinion of the CourtPiaralson, J.
Trial- of the right of property levied on under execution.
E. P. Duncan,, not a party to the writ, on the 31st December, 1896, proceeding under section 3004 of the Code of 1886, (Code of 1896, § 4141), made affidavit and executed a claim bond for the property, as required by said section of the Code.
On the trial, each party asked' the general charge. The court refused the one requested by the plaintiff, and gave the one requested by the claimant.
The theory upon which the- plaintiff tried the cause, and on which he relied for recovery was, that his recorded judgment in Clay county, gave him a…
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