Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 45
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1874 edition. Excerpt: ...and the general rule is, that the lien continues for ten years from the rendition of the judgment, and no longer; but there are four exceptions, the statute excluding from the computation of time, I. The time during which the party is restrained by an appeal from proceeding. 2. The time during which the plaintilf is restrained by an injunction. 3. The time the plaintifl may be prevented from proceeding by the death of the defendant. 4. The time the plaintiff 'may be prevented from enforcing the judgment by an agreement of the parties entered of record. _ SAME.--Purcbaser of Real Estate from Yudgment Defendant.--A purchaser of real estate from a judgment defendant, after the expiration of ten years from the rendition of the judgment, takes the land discharged from the lien of the judgment, unless the lien is preserved by some of the exceptions contained in the statute. SA1vLE.---Lien where judgment is, 63/ Agreement, not Calleetiele fbr a Certain Tz'me.--Where a judgment is rendered in pursuance of awritten agreement of the parties, entered of record, that the judgment shall be rendered collectible ancl payable nine years from its date, the ten years during which such judgment will remain a lien on the real estate of the defendant will not commence to run until the expiration of the nine years. SAME.---Pure/laser 0f Real Estate from ffudgment Defendant Bound by T erm: qf _7ua'gment.---A purchaser of real estate from such a judgment defendant is chargeable with notice of the existence of the judgment and its terms, and is bound to know that the lien of such judgment will not be discharged until after the expiration of ten years from the time when the plaintifl' could have proceeded to collect the judgment. PRAcT1cE.--Di:: olving'...
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- 13 Sep 2013
- Illustrations, black and white