Foute v. Fairman

Citations

• 48 Miss. 536

Syllabus

<p>1. Judgment liens. — A judgment lien does not confer a property or right in the land, upon which it operates, but is merely a right to satisfaction of the judgment to which it relates, superior, and in preference to any adverse interest subsequently acquired.</p> <p>2. Same. — A judgment lien is limited to the interest of the debtor in the property, is subject to all equities existing at the time in favor of third parties, and can, of course, attach to no higher interest in the property than the debtor himself had when the lien arose.</p> <p>3. Evidence — contracts—deeds.—Extrinsic facts maybe proved by parol to aid a defective description of lands contained in a deed, though parol evidence is inadmissible to vary or-eontradict what is written.. ...... , • *</p> <p>4. Case at bar. — A deed of mortgage contained full description of the lands conveyed, except that it omits to mention the township and range. The same land was afterwards levied upon and sold in satisfaction of a subsequently rendered judgment against the mortgagor. The purchaser at execution sale had notice. Proof of the identity of the land held admissible, and the land subjected to the mortgage notwithstanding the sale.</p>