Cramer v. Iler

Citations

• 63 Kan. 579
• 66 P. 617
• 1901 Kan. LEXIS 189

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgment —Lien on Realty. The judgment of a court of record becomes a lien on the real estate of the debtor from the first day of the term at which it is rendered, and it does not become dormant or cease to operate as a lien until the expiration of five years after its rendition.</p> <p>2. Receivers —Effeet on Existing Liens. A receiver is merely a ministerial agent of the court who holds the property or fund intact until the relative rights of claimants thereto can be determined, and although his possession is exclusive, he takes the property subject to all valid liens existing against it when he is appointed.</p> <p>3. -Priority of Judgment Liens. The priority of a judg- ■ ment lien is not affected when property passes into the custody of the receiver, nor is it impaired by the fact that an execution thereon has not been taken out and levied before the expiration of one year next after its rendition, provided no other judgments have been rendered against the same judgment debtor before the receiver is appointed.</p> <p>á.-Liens on Property in Custodia Legis. After property passes into the exclusive jurisdiction and control of the court, no liens against it can be obtained, nor preferences acquired, by any action that claimants may take; and it is not subject to execution or interference without the permission of the court appointing the receiver.</p>