Ruth v. Wells

Citations

• 13 S.D. 482
• 83 N.W. 568
• 1900 S.D. LEXIS 172

Syllabus

<p>1. When an action to enforce a judgment lien on real estate, given by Comp. Laws, § 5104, making a judgment a lien 'on the judgment debt- or’s real estate which he may have in the county at the time the judgment is docketed, or which he shall acquire thereafter, for 10 years from the time of the docketing, is commenced and brought to issue within such period of 10 years, but not reached for tiial until after the expiration thereof, the lien is lost.</p> <p>2. Where the judgment lien on real estate given by Comp. Laws, §5104, making a judgment a lien on the judgment debtor's real estate fi r 10 years from the: time of docketing the judgment, is lost because an action to enforce it, commenced within the 10 y ars, was not reached for trial until after the expiration thereof, a notice of the pendency of the action cannot operate to prolong the Hen, as the only effect of a lis pendens , under 2cZ. § 4897, is to impart constructive notice to subsequent purchasers or incumbrancers.</p>