Beirne v. Mower

Citations

• 21 Miss. 427

Syllabus

<p>Judgments rendered prior to the 24th of February, A. D. 1844, by virtue of the act of limitations approved that day, lost their lien on the 24th of February, A. D. 1846 ; and a levy made in the interval on property, whether real or personal, under execution upon such judgments, would not preserve the lien on the property levied on, from the date of the judgment.</p> <p>Therefore where B., on the 1st of October, 1838, obtained a judgment against R., which was enrolled on the 26th of June, 1844, and execution issued on it February 19, 1846, and was levied on the 23d of February, 1846, on a slave as the property of R.; and P., on the 27th of May, 1839, obtained a judgment also against R., an execution on which, in April, 1841, was levied on the same slave, whó was sold in May, 1841, to M.: it was held, that, by the sale of the slave to M., the title thereto passed to M. subject to the lien of the judgment in favor of B.; but that judgment having lost its lien on the 24th of February, A. D. 1846, before it was perfected by a sale of the slave under it, M.’s title to the slave was freed from that lien, and became absolute.</p> <p>The same rule, with reference to the limitation of the lien of a judgment after the 24th of February, 1846, where a levy has been made, but no sale made before that day, prevails as to personal, that exists as to real estate; the levy and seizure of the personalty, by the sheriff, vests no other title in the sheriff than that given by the lien of the judgment and the execution to enforce it united ; and when the lien has expired to that extent, the right of the sheriff is at an end.</p>