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38-2-29 |
Ch. 38 — LIENS |
Mechanics’ Liens |
Lien on Several Structures |
Any materialman or furnisher of machinery or other equipment necessary to the performance of any one such general or subcontract, who shall furnish such materia… |
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38-2-30 |
Ch. 38 — LIENS |
Mechanics’ Liens |
Compensation of Contractor on Default of Owner |
When the owner fails to perform his part of the contract and by reason thereof the other party, without his own default, is prevented from completely performing… |
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38-2-31 |
Ch. 38 — LIENS |
Mechanics’ Liens |
Laborer’s Lien Against Corporation; Priority |
Every workman, laborer or other person who shall do or perform any work or labor, for any incorporated company doing business in this State, by virtue of a cont… |
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38-2-32 |
Ch. 38 — LIENS |
Mechanics’ Liens |
Lien Notice in Cases of Laborer’s Claim Against a Corporation |
Such lien shall be discharged unless the person desiring to avail himself thereof, within ninety days from the time he shall have ceased to work or labor for su… |
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38-2-33 |
Ch. 38 — LIENS |
Mechanics’ Liens |
Record by Clerk in Cases of Laborer’s Lien Against a Corporation |
The clerk of the county court, to whom the notice of lien mentioned in the preceding section is presented, shall record the same in the mechanic’s lien record. |
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38-2-34 |
Ch. 38 — LIENS |
Mechanics’ Liens |
Time Within Which Suit to Enforce Lien May be Brought; Rights of Other Lienors |
Unless a suit in chancery to enforce any lien authorized by this article is commenced within six months after the person desiring to avail himself thereof shall… |
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38-2-35 |
Ch. 38 — LIENS |
Mechanics’ Liens |
Decree in Suit to Enforce Lien; Personal Decree |
If the lien or liens be established in favor of any of the creditors whose claims are presented in the suit mentioned in the preceding section, the court shall … |
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38-2-36 |
Ch. 38 — LIENS |
Mechanics’ Liens |
Discharge and Release of Lien |
When a debt secured by any lien mentioned in this article is fully paid at any time after the lien creditor shall have filed his notice of such lien in the offi… |
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38-2-37 |
Ch. 38 — LIENS |
Mechanics’ Liens |
Refusal to Execute Release; Execution by Clerk |
In case of the refusal of the party holding such lien to cause such clerk to enter a discharge of such lien, or to execute a release of such lien, in the manner… |
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38-2-38 |
Ch. 38 — LIENS |
Mechanics’ Liens |
Enforcement of Lien by Executor, Administrator, or Assignee |
The executor or administrator of any person entitled to a lien under this article, or any assignee of the claim upon which such lien is based, shall be entitled… |
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38-2-39 |
Ch. 38 — LIENS |
Mechanics’ Liens |
Public Building; Bond of Contractor; No Lien in Such Case |
It shall be the duty of the state board of control, and of all county courts, boards of education, boards of trustees, and other legal bodies having authority t… |
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38-3-1 |
Ch. 38 — LIENS |
Judgment Liens |
Effect of Decrees and Orders; Enforcement |
A decree for land or specific personal property and a decree or order requiring the payment of money shall have the effect of a judgment for such land, property… |
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38-3-2 |
Ch. 38 — LIENS |
Judgment Liens |
Decree for Payment of Money; Execution |
The persons entitled to the benefit of any decree or order requiring the payment of money shall be deemed judgment creditors, although the money may be required… |
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38-3-3 |
Ch. 38 — LIENS |
Judgment Liens |
Meaning of Word “Judgment” |
In the following two sections the word “judgment” shall include any undertaking, bond or recognizance which has the force of a judgment. |
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38-3-4 |
Ch. 38 — LIENS |
Judgment Liens |
Abstract of Judgment; Penalty |
The clerk of every court of this State shall, without delay, make out and deliver a duly certified abstract of every judgment rendered by such court, and every … |
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38-3-5 |
Ch. 38 — LIENS |
Judgment Liens |
Docketing of Judgment |
The clerk of every county court shall keep in his office, in a well-bound book, a judgment docket, in which he shall docket without delay any judgment rendered … |
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38-3-6 |
Ch. 38 — LIENS |
Judgment Liens |
Lien of Judgment on Real Estate |
Every judgment for money rendered in this State, other than by confession in vacation, shall be a lien on all the real estate of or to which the defendant in su… |
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38-3-7 |
Ch. 38 — LIENS |
Judgment Liens |
Judgment Lien Not Good as Against Bona Fide Purchasers Unless Docketed, Etc |
No judgment shall be a lien as against a purchaser of real estate for valuable consideration without notice, unless it be docketed according to the fifth sectio… |
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38-3-8 |
Ch. 38 — LIENS |
Judgment Liens |
Notation of Execution on Judgment Lien Docket |
It shall be the duty of the clerk of the county court, upon the filing of the execution, or a copy thereof, as provided in the preceding section, or upon the fi… |
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38-3-9 |
Ch. 38 — LIENS |
Judgment Liens |
Enforcement of Judgment by Suit |
The lien of a judgment may be enforced in a court of equity after an execution or fieri facias thereon has been duly returned to the office of the court or to t… |
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38-3-10 |
Ch. 38 — LIENS |
Judgment Liens |
Parties |
In every suit in equity to enforce a judgment, all persons having liens on the real estate sought to be subjected, by judgment or otherwise, shall be made parti… |
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38-3-11 |
Ch. 38 — LIENS |
Judgment Liens |
Notice to Lien Holders |
No decree for the distribution of the proceeds of real estate in a a suit in equity to enforce a judgment shall be if made until a notice to all persons holding… |
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38-3-12 |
Ch. 38 — LIENS |
Judgment Liens |
Duties of Commissioner |
The commissioner to whom the case is referred by such decree shall, as soon as possible after such notice is published as aforesaid, or served in such manner as… |
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38-3-13 |
Ch. 38 — LIENS |
Judgment Liens |
Confirmation of Report; Sale |
When the report of any such commissioner is confirmed, if the claims therein reported (if any) be not paid, the court shall decree that so much of the real esta… |
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38-3-14 |
Ch. 38 — LIENS |
Judgment Liens |
Judgment Pending Suit to Enforce Lien |
If, pending any such suit, a judgment at law be recovered by any person against such judgment debtor, such person may present his claim to the commissioner and … |
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38-3-15 |
Ch. 38 — LIENS |
Judgment Liens |
Other Proceeding Pending Suit to Enforce Lien |
If, after the commencement of a suit to enforce a judgment lien, any lien holder commence any other suit or proceeding in or out of court to enforce a lien clai… |
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38-3-16 |
Ch. 38 — LIENS |
Judgment Liens |
Order of Liability of Real Estate |
Where the real estate liable to the lien of a judgment is more than sufficient to satisfy the same, and it, or any part of it, has been aliened, as between the … |
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38-3-17 |
Ch. 38 — LIENS |
Judgment Liens |
Judgment Liens Commencing on Same Day |
Where two or more judgments are rendered against the same person, and the liens thereof on his real estate commence on the same day, the creditors having such j… |
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38-3-18 |
Ch. 38 — LIENS |
Judgment Liens |
Limitation on Enforcement of Judgments |
On a judgment, execution may be issued within ten years after the date thereof. Where execution issues within ten years as aforesaid, other executions may be is… |
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38-3-19 |
Ch. 38 — LIENS |
Judgment Liens |
Exceptions to Limitations |
No execution shall issue, nor any action, suit or scire facias be brought on any judgment in this State after the time prescribed in the preceding section, exce… |
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38-4-1 |
Ch. 38 — LIENS |
Executions |
Executions Against Corporations |
Against a corporation such execution may issue as against a natural person. |
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38-4-2 |
Ch. 38 — LIENS |
Executions |
Executions on Joint Judgments |
Where a judgment is against several persons jointly, executions thereon shall be joint against them all. |
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38-4-3 |
Ch. 38 — LIENS |
Executions |
Execution for Benefit of Person Other Than Plaintiff |
Where an execution issues on a judgment for the benefit, in whole or in part, of any person other than the plaintiff, if that fact appear by the record, the cle… |
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38-4-4 |
Ch. 38 — LIENS |
Executions |
Writs of Possession for Specific Property ; Fieri Facias for Damages |
On a judgment for the recovery of specific property, real or personal, a writ of possession may issue for the specific property, which writ shall conform to the… |
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38-4-5 |
Ch. 38 — LIENS |
Executions |
Execution on Money Judgment; Fieri Facias |
On a judgment for money, there may be issued an execution known as a writ of fieri facias. |
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38-4-6 |
Ch. 38 — LIENS |
Executions |
On What Fieri Facias May be Levied |
By a writ of fieri facias, the officer shall be commanded to make the money therein mentioned out of the personal property of the person against whom the judgme… |
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38-4-7 |
Ch. 38 — LIENS |
Executions |
How Currency or Bank Notes Shall be Accounted for |
If the levy be upon gold or silver coin or other currency which is legal tender in the United States, the same shall be accounted for at its par value as so muc… |
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38-4-8 |
Ch. 38 — LIENS |
Executions |
Lien of Fieri Facias; Its Duration |
A writ of fieri facias or execution shall create a lien, from the time it is delivered to the sheriff or other officer to be executed, upon all of the personal … |
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38-4-9 |
Ch. 38 — LIENS |
Executions |
Purchaser for Value Takes Free of Lien |
The lien of a writ of fieri facias shall not be good as against a purchaser or assignee of the property subject to the lien, for a valuable consideration and wi… |
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38-4-10 |
Ch. 38 — LIENS |
Executions |
Docketing as Constructive Notice |
The docketing of an execution as provided in the following section of this article shall constitute constructive notice to all persons, of such execution: Provi… |
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38-4-11 |
Ch. 38 — LIENS |
Executions |
Docketing of Execution |
The clerk of the county court of every county shall keep in his office, in a well-bound book, an execution docket, in which he shall docket without delay, any e… |
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38-4-12 |
Ch. 38 — LIENS |
Executions |
Exemption From Execution |
Such property as a husband or parent may have listed and set apart as exempt from distress and levy, under the provisions of law, shall not be subject to the li… |
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38-4-13 |
Ch. 38 — LIENS |
Executions |
Indorsement of Time of Receipt by Officer |
Every officer shall indorse on each writ of fieri facias the year, month, day, and time of day, he receives the same. If he fail to do so, the judgment creditor… |
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38-4-14 |
Ch. 38 — LIENS |
Executions |
Order of Levy of Several Writs |
Of writs of fieri facias, that which was first delivered to the officer, though two or more be delivered on the same day, shall be first levied and satisfied; a… |
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38-4-15 |
Ch. 38 — LIENS |
Executions |
Rules Concerning Distress or Levy |
The officer shall in no case make an unreasonable distress or levy. For horses or any livestock distrained or levied upon, he shall provide sufficient sustenanc… |
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38-4-16 |
Ch. 38 — LIENS |
Executions |
Officer’s Return Upon Fieri Facias |
Upon a writ of fieri facias the officer shall make a return showing whether or not the money therein mentioned has been or can be made, or whether any part ther… |
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38-4-17 |
Ch. 38 — LIENS |
Executions |
Resale Upon Default of Purchaser |
If at any sale by an officer, the purchaser shall not comply with the terms of sale, the officer may resell the property, either forthwith or under a new advert… |
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38-4-18 |
Ch. 38 — LIENS |
Executions |
Writ of Venditioni Exponas |
When it appears by the return on an execution, that property taken to satisfy it remains unsold, a writ of venditioni exponas may issue; whereupon the like proc… |
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38-4-19 |
Ch. 38 — LIENS |
Executions |
Proceeding in Case of Death of Officer Before Sale |
If an officer, taking property under execution, dies before the sale thereof, and there be no deputies of such officer acting in the case, a writ of venditioni … |
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38-4-20 |
Ch. 38 — LIENS |
Executions |
Notice of Sale Under Levy |
In an case where an officer shall levy upon personal property, otherwise than under an execution or order issued by a justice, or under an attachment, and in an… |
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