Freeman v. Bosworth

Citations

• 102 Miss. 160
• 59 So. 6

Syllabus

<p>1. Judgment. Lien. Effect of appeal. Bankruptcy of principal. Judgment: Discharge of surety. Code 1906, sections 818, 819.</p> <p>Under Code of 1906, section 818, so providing, tbe clerk is required within twenty days after the adjournment of each term of court • to enroll all final judgments rendered at that term in the order in which they are entered on the minutes; and in the absence •of proof he is supposed to have done so. Under section 819 so declaring a judgment so enrolled shall be a lien on and bind all the property of the defendant within the county where so enrolled from the rendition thereof, etc. Under these two sections of the Code, whenever a judgment is enrolled it becomes a lien upon and binds all property of the defendant in the county where so enrolled even though an appeal with supersedeas may have been actually taken immediately after the rendition of the judgment and before the enrollment.</p> <p>2. Appeai Bond. Bankruptcy of principal. Discharge of surety.</p> <p>Under sections 60a, 67c and 67b, of the bankrupt law providing that a judgment lien enrolled more than four months prior to bankruptcy, shall not be disturbed by the bankrupt proceedings; where judgment was recovered and became a lien by enrollment more than four months prior to the bankruptcy of the judgment debtor, a subsequent bankruptcy, pending an appeal from such judgment, will not relieve sureties on the bond given for such appeal, so as to entitle them to discharge therefrom.</p>