Cahn v. Person

Citations

• 56 Miss. 360

Syllabus

<p>1. Judgment, Lien. Its operation.</p> <p>A judgment-lien operates in favor of tbe creditor against the debtor, his assignees, and purchasers under him, so as to defeat subsequent sales and encumbrances of any property to which the lien has attached.</p> <p>2. Same. Lien. Money, how affected thereby.</p> <p>Although money is liable, by statute, to seizure under execution, no lien attaches to it till the seizure thereof. Because of its current character and the impossibility of identifying it, the law gives no judgment-lien upon it.</p> <p>3. Chanceby. Property converted into money by order of court. Effect as to liens.</p> <p>Where a court of equity takes charge of property, at the suit of a party having a claim thereon, it will keep alive all the encumbrances upon the property, and give them their original priorities. And if the property is converted into money by order of the court, and under the sanction of law, the money becomes the representative of the property, and is held as a fund to respond to all the liens and charges which existed against the property, in the order of their priority. The conversion in such case confers no right, and impairs none. Its only effect as to claims against the property is to withdraw the contestation from the property, and transfer it to the money.</p> <p>4. Execution. Property in possession of office.r. Leoy of a second writ, how made.</p> <p>While one ollieer is in possession of property upon which he has levied an execution or attachment, another cannot make a valid levy of another writ on the same property, but the officer having the custody of the property may make a second levy, and the reception by him of the second writ whilst the first is in his hands operates as a constructive levy upon all the property in his possession by virtue of the first writ.</p>