King v. Belcher

Citations

• 30 S.C. 381
• 9 S.E. 359
• 1889 S.C. LEXIS 118

Syllabus

<p>1. Under proceedings instituted in 1888 to revive a judgment obtained, in 1875, the judgment will not be declared void because of its having been signed only by one who styled himself “deputy clerk,” but 'who had never been regularly appointed to that position.</p> <p>2. In February, 1875, when this judgment was obtained, the law gave to final judgments a lien for ten years, with a right to have that lien revived for a like period, if proceedings to that end were commenced within three years after the expiration of the ten. In December, 1885, this law was amended so as to read : “(1) A final judgment recovered in any court of record in this State subsequent to the 25th day of November, 1873, shall constitute a lien upon the real estate of the judgment debtor in the county where the same is entered for a period of ten years from the date of entry thereof. * * * (2) A final judgment may be revived at any time within the period of ten years from the date of the original entry thereof.” Held, that the second subdivision of the amendatory act of 1885 was not intended to apply to judgments previously obtained. Mr. Justice McGowan, dissenting.</p> <p>3. Held, further, that if so intended, the legislature could not deprive plaintiff of the right to revive within three years after the expiration of the ten, without giving a reasonable time, after the passage of such a repealing act, to institute the necessary proceedings.</p>