Lewis v. Stephens

The- question presented by this appeal is whether a lien upon real estate may be acquired by the levy thereon of an attachment issued by a county judge in an action of assumpsit in that court where a notice of the levy and a description of the land levied on, is, before judgment rendered in the cause, recorded by the Clerk of the Circuit Court in the lien book, pursuant to the statutes.

Sections 3401, 3413 first part, and 3416 Revised General Statutes, 1920, provide:

‘•‘3401. Such attachment shall issue from the court *438which may have jurisdiction of the amount claimed by the creditors.

“But if…