Curry v. Lampkin & Conner

Citations

• 51 Miss. 91

Syllabus

<p>1. Jud&ments : Lien thereof; Code of 1871, § 830, et seq.</p> <p>A. judgment binds all tbe property of tbe defendant, if duly enrolled, from tbe date of its rendition. But tbis priority of lien does not extend to creditors who fail or neglect to sue out executions until a junior judgment creditor has by diligence caused bis execution to be levied.</p> <p>2. Same : Same.</p> <p>In order that a junior judgment creditor may have tbe preference, be must give ten days’ notice to tbe senior judgment creditor to levy. If no steps are then taken by tbe senior creditor, tbe junior creditor would acquire a preference under bis levy. Tbe purchaser takes tbe property discharged from all judgments, whether tbe sale was made under tbe junior or senior judgment.</p> <p>3. Same : Case in judgment.</p> <p>Tbe junior judgment creditors in tbe case at bar, having given tbe required notice, and tbe senior judgment creditors having failed to levy within tbe ten days, acquired a prior lien on tbe property of their debtor, and tbe money realized by reason of their superior diligence, are entitled to it.</p>