Brier v. Traders' National Bank

Citations

• 24 Wash. 695
• 64 P. 831
• 1901 Wash. LEXIS 590

Syllabus

<p>JUDGMENTS-CESSATION OF LIEN-REVIVAL-RIGHTS OF INTERVENING PURCHASERS.</p> <p>Under Code Proe., § 460, which provides that the real estate of a judgment debtor shall be held and bound to satisfy any judgment for the period of five years from the date of its rendition, and that the lien of the judgment on such real estate shall continue only five years, commencing from the date on which the judgment was rendered, and under § 463. id., which provides that a revived judgment shall be and continue a lien upon real estate of a judgment debtor for a period of five years from and after the date of the order of revival, in like manner with the original judgment, but that no judgment should be revived unless proceedings therefor should be commenced within six years after the date of its rendition, the act of revival does not make the lien continuous, where application therefor is not made until after the expiration of the' five years; and, where the lien has ceased, prior to the order of revival, it cannot be revived so as to affect the rights of a purchaser who had acquired title subsequent to the original judgment, but such after acquired title gains priority over the judgment during the interval -between the cessation and revival of the judgment lien.</p> <p>SAME-RES JUDICATA-MATTERS CONCLUDED.</p> <p>An action seeking the foreclosure as a mortgage of a deed absolute on its face would not be barred on the ground of res judücata by the fact that, in a prior action between the same parties involving the same premises, the plaintiff herein being a subsequent grantee and defendant a prior judgment creditor, judgment had been rendered decreeing plaintiff’s conveyance subject to the lien of the prior judgment, and authorizing the judgment creditor to sell on execution all of the interest of plaintiff’s grantor in the premises, when the court in the prior action expressly found that the conveyance to the plaintiff in this action had been made subsequent to said judgment, but f