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erty, under a judgment or decree of any court, in any particular county of the State.

Co. Proc., last sentence but one, of 287.

S1243. [Amended, 1877.] Security upon sale by referee. -Where a referee is appointed by the court, to sell real property, the court may provide for his giving such security, as the court deems just, for the proper application of the money received upon the sale: or for the payment thereof by the purchaser, directly to the person or persons entitled thereto, or their attorneys.

New.

1244. [Amended, 1879.] Conveyance to state name of party. A conveyance of property, sold by virtue of an execution, or sold pursuant to a judgment, which specifies the particular party or parties, whose right, title or interest is directed to be sold, must distinctly state, in the granting clause thereof, whose right, title, or interest was sold, and is conveyed, without naming, in that clause, any of the other parties to the action; otherwise, the purchaser is not bound to accept the conveyance, and the officer executing it is liable for the damages, which the purchaser sustains by the omission, whether he accepts or refuses to accept it.

New.

ARTICLE THIRD.

DOCKETING A JUDGMENT; EFFECT THEREOF, AS A LIEN UPON REAL PROPERTY; SUSPENDING AND DISCHARG ING THE LIEN; SATISFACTION AND ASSIGNMENT OF A JUDGMENT.

SEC. 1245. Certain clerks to keep docket-books.

1246. Id. to docket judgments.

1247. Filing transcripts, and docketing Judgments thereon.

1248. Penalty for clerk's neglect.

1219. Dockets to be public.

1250. Judgment not to be a llen until docketed.

1251. Real property bound for ten years by a judgment thus dock.
eted.

1252. Real property may be levied upon after ten years.
1253. Land held under contract not bound by judgment.
1254. Preferences of mortgages for purchase money.
1255. Certain time not to be included in the ten years.

1256. Court may order llen of judgment to be suspended upon
appeal.

1257. From what time order suspends the llen.

1258. How len suspended in any other county.

1259. When and how lien restored.

1260. Docket of judgment, how cancelled.

1261. Satisfaction-piece to be given on payment of judgment.

1262. Assignor must acknowledge assignment.

BEC. 1263. Assignee who is a receiver, etc., may file notice. 1264. Entry in docket, upon return of execution satisfied.

1265. Id.; where execution returned unsatisfied.

1266. Sheriff to give copy of satisfied execution; clerk to enter satisfaction.

1267. Docket; when to be discharged and cancelled.

1268. Discharge of a judgment against a bankrupt.

1269. Power of courts respecting docket.

1270. Clerk to file and note assignment of judgment.

1271. Judgments of United States courts may be docketed.
1272. To what judgments and executions this article applies.

§ 1245. Certain clerks to keep docket-books. Each county clerk, each clerk of a superior city court, and the clerk of the marine court of the city of NewYork, must keep one or more books, ruled in columns, convenient for making the entries, prescribed in the next section; in which he must docket, in its regular order and according to its priority, each judgment, which he is required by this article to docket. The expense of procuring a new book, when necessary, is a county charge.

L. 1840, ch. 386, § 34 (3 Edm. 692), extended.

1246. Id.; to docket judgments. Each clerk, specified in the last section, must, when he files a judg ment-roll, upon a judgment, rendered in a court of which he is clerk, docket the judgment, by entering, in the proper docket-book, the following particulars, under the initial letter of the surname of the judg ment debtor, in its alphabetical order: (1)

1. The name, at length, of the judgment-debtor; and also his residence, title, and trade or profession, if any of them are stated in the judgment.(2)

2. The name of the party, in whose favor the judgment was rendered.

3. The sum, recovered or directed to be paid, in fig

ures.

4. The day, hour, and minute, when the judgment-roll was filed.

5. The day, hour, and minute, when the judgment was docketed in his office.(3)

6. The court in which the judgment was rendered, and, if it was rendered in the supreme court, the county where the judgment-roll is filed.

7. The name of the attorney for the party recovering the judgment.

If there are two or more judgment debtors, those

entries must be repeated, under the initial letter of the surname of each.(4)

2 R. S. 361, 13 (2 Edm. 373), remodelled and am'd. Sumner, 2 Barb. Ch. 165; Blossom v. Barry, 1 Lans. 190. Hoyt, 7 How. 265. (3) Sears v. Burnham, 17 N. Y. 445; 2 Bradf. 394. (4) Blossom v. Barry, 1 Lans. 190.

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(1) Buchan v. (2) Galler . Sears v. Mack,

1247. Filing transcripts, and docketing judgments thereon. A clerk, with whom a judgment-roll is filed, upon a judgment docketed as prescribed in the last section, must furnish, to any person applying therefor, and paying the fees allowed by law, one or more transcripts of the docket of the judgment, attested by his signature. A county clerk to whom such a transcript is presented, must, upon payment of his fees therefor, immediately file it, and docket the judgment, as prescribed in the last section, in the appropriate docketbook, kept in his office.

L. 1840, ch. 486, ? 26 (4 Edm. 692), am'd.

§ 1248. Penalty for clerk's neglect. - A clerk who omits, as soon as practicable, to docket a judgment required to be docketed, or to furnish a transcript of a judgment, so docketed in his office, as prescribed in the last two sections, forfeits, to the person aggrieved, two hundred and fifty dollars, in addition to the damages sustained by reason of the omission.

2 R. S. 362, 20 (2 Edm. 374).

§ 1249. Dockets to be public. — A docket-book, kept by a clerk, must be kept open, during the business hours fixed by law, for search and examination by any person.

Id., 19.

$1250. Judgment not to be a lien until docketed. — A judgment, required to be docketed, as prescribed in this article, neither affects real property or chattels real, nor is entitled to a preference, until the judgment-roll is filed, and the judgment docketed.

Id., 12, am'd. Van Orman v. Phelps, 9 Barb. 500; Lynch v. Rome Gas-light Co., 42 id. 593; Buchan v. Sumner, 2 Barb. Ch. 165. See SherIdan v. Andrews, 49 N. Y. 478; Hathaway v. Howell, 54 id. 97.

1251. Real property bound for ten years by a judgment thus docketed. Except as otherwise specially prescribed by law, a judgment, hereafter rendered, which is docketed in a county clerk's office, as prescribed in

this article, binds, and, is a charge upon, for ten years(1) after filing the judgment-roll, and no longer, the real property and chattels real, in that county, which the judgment-debtor has, at the time of so docketing it, or which he acquires at any time afterwards, and within the ten years.(2)

This and next section are substitutes for 2 R. S. 359, 3 and 4; L. 1840, ch. 356, 25; and Co. Proc., part of ? 282. Little v. Harvey, 9 Wend. 157; Scott v. Howard, 3 Barb. 319; Clark's Case, 15 Abb. 227; Smith v. Gage, 41 Barb. 60; Moyer v. Hinman, 13 N. Y. 180; 17 Barb. 137; Reynolds v. Darling, 42 id. 424. (1) Dickenson v. Gilliland, 1 Cow. 481; Roe . Swart, 5 id. 294; Lansing v. Vischer, 1 id. 431; Ex parte Peru Iron Co., 7 Cow. 540; Mower v. Kip, 2 Edw. 165; Crosier v. Acer, 7 Pal. 137; Graffe. Kip, 1 Edw. 619; Tufts . Tufts, 18 Wend. 621 Pettit . Shepher, 5 Pal. 493; Scott v. Howard, 3 Barb. 319; Muir v. Leitch, 7 id. 341. (2) Despard v. Churchill, 53 N. Y. 199; Belmont v. Ponvert, 35 Supr. Ct. (3 J. & S.) 208; Donovan v. Sheridan, 37 Id. (5 J. &. S.) 256; Hetzell v. Easterly, 66 Barb. 443; Scudder v. Voorhis, 5 Sandf. 271; Vredenburgh v. Morris, 1 Johus. Cas. 223; Merry v. Hallet, 2 Cow. 497; Bogert v. Perry, 17 Johns. 351; 1 Johns. Ch. 52; Jackson v. Chapin, 5 Cow. 485; Grosvenor . Allen, 9 Paige, 74; Crane v. O'Conor, 4 Edw. 409; Siemon v. Schurck, 29 N. Y. 598; Sieman v. Austin, 33 Barb. 9: Sleight v. Read, 18 id. 159; Morris v. Wheeler, 45 N. Y. 708; Bigelow v. Finch, 17 Barb. 394; People v. Haskins, 7 Wend. 464; Jackson v. Bateman, 2 id. 570; Smith v. Brackett, 36 Barb. 572; Lathrop v. Singer, 39 id. 397; Townshend v. Wesson, 4 Duer, 342.

1252. Real property may be levied upon after ten years. When ten years after filing the judgment-roll have expired, real property or a chattel real, which the judgment debtor, or real property which a person, deriving his right or title thereto, as the heir or devisee of the judgment debtor, then has, in any county, may be levied upon, by virtue of an execution against property, issued to the sheriff of that county, upon a judgment hereafter rendered, by filing, with the clerk of that county, a notice, subscribed by the sheriff, describing the judgment, the execution, and the property levied upon; and, if the interest levied upon is that of an heir or devisee, specifying that fact, and the name of the heir or devisee. The notice must be recorded and indexed by the clerk, as a notice of the pendency of an action. For that purpose, the judgment debtor, or his heir, or devisee, named in the notice, is regarded as a party to an action. The judgment binds, and becomes a charge upon, the right and title thus levied upon, of the judgment debtor, or of his heir or devisee, as the case may be, only from the time of recording and index. ing the notice, and until the execution is set aside, or returned.

See note to prior section.

$1253. Land held under contract not bound by judgment. The interest of a person, holding a contract for the purchase of real property, is not bound by the docketing of a judgment; and cannot be levied upon or sold, by virtue of an execution, issued upon a judgment.

1 R. S. 744, first paragraph of 34 (1 Edm. 696). Smith v. Gage, 41 Barb. 60: Moyer v. Hinman, 13 N. Y. 170; 17 Barb. 137; Bogert v. Perry, 17 Johns. 351; 1 Johns. Ch. 52; Jackson v. Chapin, 5 Cow. 485; Sage v. Cartwright, 9 N. Y. 49; Bigelow v. Finch, 17 Barb. 394; 11 fd. 498; Mead v. Gregg, 121d. 653; Talbot v. Chamberlin, 3 Pai. 219; Griffin v. Spencer, 6 Hill, 525; Kellogg v. Kellogg, 6 Barb. 116.

§ 1254. Preference of mortgages for purchase-money. Where real property is sold and conveyed, and, at the same time, a mortgage thereupon is given by the purchaser, to secure the payment of the whole or a part of the purchase-money, the lien of the mortgage, upon that real property, is superior to the lien of a previous judgment against the purchaser.

1 R. S. 749,5 (1 Edm. 700), am'd. Hulett v. Whipple, 58 Barb. 224; Tallman v. Farley, 1 id. 280; Haywood v. Nooney, 3 id. 643; Dwight v. Newell, 3 N. Y. 185; Jackson v. Austin, 15 Johns. 477; Stow v. Tit, íd. 458; Card v. Bird, 10 Pai. 426; Foot v. Dillaye, 65 Barb. 521.

§ 1255. Certain time not to be included in the ten years. The time, during which a judgment creditor is stayed, by an injunction or other order, or by the operation of an appeal, or by express provision of law, from enforcing a judgment, is not a part of the ten years, to which the lien of a judgment is limited by this article. But this section does not extend the time of the lien, as against a purchaser, creditor, or mortgagee in good faith.

Co. Proc., second sentence of 282, am'd.

$1256. Court may order lien of judgment to be suspended upon appeal. Where an appeal from a judgment has been perfected, and an undertaking has been given, sufficient to entitle the appellant to a stay of the execution of the judgment, without an order for that purpose, the court, in which the judgment was recovered, may, in its discretion and upon such terms as justice requires, make an order, upon notice to the attorney for the respondent, and to the sureties(1) in the undertaking, exempting from the lien of the judgment, as against judg ment creditors, and purchasers and mortgagees in good faith, the real property or chattels real, upon which the

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