{
  "id": 1515192,
  "name": "Drumm Commission Company v. Simms",
  "name_abbreviation": "Drumm Commission Co. v. Simms",
  "decision_date": "1909-02-01",
  "docket_number": "",
  "first_page": "165",
  "last_page": "167",
  "citations": [
    {
      "type": "official",
      "cite": "89 Ark. 165"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "45 Ark. 304",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1892024
      ],
      "opinion_index": -1,
      "case_paths": [
        "/ark/45/0304-01"
      ]
    }
  ],
  "analysis": {
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    "char_count": 4286,
    "ocr_confidence": 0.564,
    "pagerank": {
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    "sha256": "d7aa86b4e48d6bc0cc4d45a04f869ddf1500a20db2ddb43cd354e8b91ed1b4a5",
    "simhash": "1:9f672c65e45e46c5",
    "word_count": 765
  },
  "last_updated": "2023-07-14T16:58:25.928133+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Drumm Commission Company v. Simms."
    ],
    "opinions": [
      {
        "text": "MgCuuuoch, J.\nThe statutes of this State provide that judgments of all the courts of record within the State and of the circuit court of the United States within the State shall be liens on all real estate of the defendant in the county in which they are rendered from the date thereof, ahd on all lands situated in other counties from the date of filing a certified copy of the judgment in the office of the clerk of the circuit court in the county where the land is situated. Kirby\u2019s Digest, \u00a7 4438. The next section of the statute reads as follows:\n\u201cThe liens authorized by the preceding section shall continue in force for three years from the date of the judgment, and may be revived, and a transcript of the judgment of revivor, when filed in other counties, shall have the same and like effect as judgment of revivor has in the county in which it is rendered.\u201d Kirby\u2019s Digest, \u00a7 4439-\nAppellant recovered a judgment in the circuit court of Pulaski County against the owner of land in Chicot County, and filed a certified copy of the judgment in the office of the circuit court of Chicot County. Before the _ expiration of the lien appellant sued out of the Pulaski Circuit Court a writ of scire facias to revive the lien, and a judgment of revivor was afterward entered by that court. Appellant did not file in Chicot County a copy of the last-named judgment until more than three years after rendition 'of the original judgment. Was the lien on Chicot County lands preserved against persons who had acquired an interest in or lien on the lands subsequent to the original acquisition by appellant of the judgment lien?\nWe are of the opinion that, according to the plain letter of the statute, appellant lost its lien on the Chicot County lands at the expiration of three years from the rendition of the judgment, and that the lien under the revivor re-attached only when it filed a copy of the judgment of revivor, and let in as superior any liens or interests acquired by other persons prior to that time.\nPrior to the enactment in 1891 of the statute just referred to, a judgment was not a lien on land outside of the count}\u2019- where it was rendered. Therefore the force and effect of the lien must be tested solely by the language of that statute, and cannot be extended beyond its express terms.\nSome inconvenience may result to a judgment lienor in preserving his lien on lands in another county, but in order to do so he must procure in th-e court where the original judgment was rendered a judgment of revivor in time to file a copy thereof in other counties where the lien exists before the expiration of the original lien. Otherwise his lien will be lost as against other interested persons claiming under the defendant in judgment.\nThe statute regulating the practice in reviving judgments, which was passed prior to 1891 and is still in force, provides that if a scire facias he sued out before the termination of the lien of any judgment or decree the lien of the judgment revived shall have relation to the day on which the scire facias issued. Kirby\u2019s Digest, \u00a7 4448.\nBut this does not apply to the lien on lands in other counties, as by the terms of the act of 1891 the revived lien takes effect only when the copy of the revivor is filed in the other county.\nAffirmed.",
        "type": "majority",
        "author": "MgCuuuoch, J."
      }
    ],
    "attorneys": [
      "William Kirten and Ashley Cockrill, for appellant.",
      "John G. B. Simms, for appellee."
    ],
    "corrections": "",
    "head_matter": "Drumm Commission Company v. Simms.\nOpinion delivered February 1, 1909.\nJudgments \u2014 men\u2014revivor.\u2014In order that the lien of a judgment filed in a county other than that in which it was rendered may be preserved against persons who have acquired an interest in or lien on the debtor\u2019s lands subsequent to the original acquisition of the judgment lien, the judgment creditor must procure a revivor of such judgment in time to file a copy thereof in such county before expiration of the original lien.\nAppeal from Chicot Chancery Court; Zachariah T. Wood, Chancellor;\naffirmed.\nWilliam Kirten and Ashley Cockrill, for appellant.\nAppellant\u2019s judgment lien was superior to that of appellee. There\u201ewas no hiatus as to the lien on the land in Chicot County. Kirby\u2019s Digest, \u00a7 \u00a7 4438-9, 444-8-9; 45 Ark. 304.\nJohn G. B. Simms, for appellee.\nThe revived judgment must be filed in another county than that in which it is rendered before the original three years expire. Kirby\u2019s Digest, \u00a7 \u00a7 763, 4438, 4439."
  },
  "file_name": "0165-01",
  "first_page_order": 185,
  "last_page_order": 187
}