Fountain v. Bryan

This is a contest between the intervenor (Bryan), who is the holder and owner of certain promissory notes and a security deed dated January 18, 1928, and judgment creditors whose executions were issued, dated, and recorded more than ten days after the rendition of the judgments, and subsequently to the date of the notes and security deed held by the intervenor.

The Civil Code (1910), § 3321, provides that when executions are recorded within ten (10) days from the date of the judgment, the lien of such judgment dates from the rendition thereof; •and when the execution is entered upon the docket…