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eBook details

• Title: Gaines v. Van Demark
• Author : Supreme Court of Montana
• Release Date : January 13, 1937
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Quieting Title ? Judgments ? When Judgment Becomes Lien on Real Property ? Descent and Distribution ? Title to Real Property of Intestate Vests at Death of Latter ? Judgment as Chain of Title to Property ? Appeal and Error. Judgments ? Judgment Becomes Lien on Real Property of Debtor Only When Docketed. 1. A judgment is a lien against the real property of the judgment debtor only as provided by statute, section 9410, Revised Codes, i.e., upon the docketing of the judgment it becomes a lien upon all such property owned by the debtor at the time, or which he may thereafter acquire. Descent and Distribution ? Title to Property of Intestate Vests Immediately upon His Death in His Heirs. 2. Under section 7072, Revised Codes, title to real and personal property of an intestate passes by operation of law to, and immediately - Page 2 upon his death vests in, his heirs, subject to the control of the district court for purposes of administration. Judgments ? Judgment may Constitute Part of Chain of Title to Property. 3. A judgment may constitute a part of the chain of title to real and personal property. Appeal and Error ? Decisions of Supreme Court to be Read in Connection With Facts in Particular Case. 4. In considering the meaning and intent of language employed in a supreme court opinion relied upon by counsel in support of contentions made, the facts of the case in which it was used must be kept in mind. Judgments ? Statutes Relating to Recording of Final Judgment Affecting Title to Real Property Do not Declare a Judgment a Lien. 5. While sections 4801 and 4802, Revised Codes, provide for the recording of final judgments affecting title to real property and define the effect thereof so far as imparting constructive notice thereof to lienholders and others is concerned, they do not declare that a judgment attaches as a lien on real property only when so recorded; section 9410, on the other hand, providing in positive terms that a lien upon such property attaches when the judgment is docketed without making recordation of the judgment a condition precedent to its becoming a lien. Quieting Title ? Judgment Docketed Held Lien on Real Estate Subsequently Acquired by Debtor as Heir on Death of His Intestate Father, Even Though County Records not Showing Interest. 6. In an action to quiet title, held, that where a judgment against one G. was obtained and docketed in 1919, and he in 1924 after the death of his intestate father, gave a quitclaim deed to an interest in the latters estate subsequently distributed to him, whereupon the judgment creditor caused an execution to be issued and the interest sold, the district court erred in holding in favor of the holder of the quitclaim deed on the grounds that when the judgment was docketed there was nothing to which the creditors lien could have attached, and that, since the interest had previously passed under the quitclaim deed, the execution purchaser acquired nothing by his purchase, the holding being erroneous, under section 9410, supra, declaring when a judgment becomes a lien upon property, even though there was nothing in the records of the county recorder showing the interest of G. in his deceased fathers realty.

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