Rogers v. Druffel

Citations

• 46 Cal. 654

Syllabus

<p>Judgment Lien.—A judgment creditor, in order to preserve the priority of his lien, must sell the real property within the period of the statutory lien of the judgment, and the levy of an execution during that period neither creates a new lien nor extends the judgment lien.</p> <p>When Judgment Lien Commences to Run. — The two years within which the judgment creditor must sell the real property dates from the docketing of the judgment, unless execution is stayed by an order of the Court pending a motion for a new trial, or by an appeal with a stay bond. An order enjoining a sale on the execution does not stop the running of the two years lien, nor extend the time within which the executor’s sale must be made.</p> <p>Collateral Attack on Judgment.—A judgment cannnot be collaterally attacked on the ground that the costs were improperly taxed or inserted in the judgment.</p>