Jones v. Union Oil Co.

SHENK, J.

This is an appeal by the plaintiff from a judgment for the defendants in an action to enjoin the sale of certain real property under execution. The cause was submitted to the trial court on a stipulation of facts and the appeal is on the judgment-roll alone.

In June, 1926, in the Superior Court in and for the County of Imperial, the Union Oil Company of California recovered a judgment against Frank P. I-Iovley in the sum of $546.54, That judgment was docketed on June 16, 1926, and no appeal was taken. On that date Hovley was the owner of the real property situate in Imperial County sought to be sold under execution, and he continued to be such owner until may, 1928, when for a valuable consideration he deeded it to the plaintiff, Jones.

In April, 1930, execution was issued and the defendant sheriff was instructed to levy the same and to proceed to sell said property. The plaintiff then commenced the present action to enjoin the defendants from so proceeding. Judgment went for the defendants.

The sole question presented is whether the judgment lien which attached to said real property when the judgment was docketed, under section 671 -of the Code of Civil Procedure as it then stood, was removed from said property by the amendment of said section 671 and section 674 of the same code in 1927. (Stats. 1927, pp. 829, 830.)

When the judgment was docketed in June, 1926, section 671 of the Code of Civil Procedure provided for an automatic imposition of the lien upon such docketing and that said lien should, with certain exceptions not material, continue for five years. On that date section 674 of the same code provided that the filing of a certified transcript of the judgment docket with the recorder of any other county would impose a judgment lien upon the real property of the judgment debtor in such other county and that the lien should continue for five years. In 1927 section 671 was so amended as to omit the provisions thereof providing for the automatic imposition of the lien upon the docketing of the judgment and section 674 was amended to provide that the judgment lien should attach only upon the filing with

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the recorder of a certified abstract of the judgment in whatsoever county the real property might be situated, and that such lien should continue for five years, unless the enforcement thereof was stayed or the judgment otherwise satisfied or discharged as. in the section provided.