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of the guardian, and the deed made in either case shall be as valid as if made by the infant after attaining full age; saving to such infant the right to show cause, within six months after he shall attain full age, why such conveyance should not have been ordered, and on sufficient cause being shown, to have a reconveyance of the real estate by whomsoever possessed under the conveyance made by said guardian, and also a full account of the rents and profits thereof, from the person who shall have received the same.
Sec. 19. The provisions of this chapter shall extend as well to the equitable as legal estate of the infant.
OF JUDGMENT LIENS AND TITLE BY EXECUTION.
1. ] Lien of judgment or decree on real
to become a lien. 7. No recognizance to be a lien. 8. Lis pendens to be recorded to affect pur
chaser without actual notice. 9. When judgment creditors to be paid
ratably. 10. How real estate liable, as between
alienees of different parts thereof. 11. Execution ; when to bind personal prop
erty. 12. Officer to endorse on writ of execution
the time of its reception. 13. Priority of levy and satisfaction. 14. What real estate, &c., liable to execu
Equity of redemption; when not li16.
able. 17. 18. Estates tail may be taken in execution.
ing acknowledged as a deed.
sold. 23. ) Proceedings in case the property 24. claimed to be exempt exceeds in 25. value seven hundred dollars. 26. Cost of such proceedings to be charged
in the costs on such execution. 27. What land, &c, exempt from execution,
as a private burial place. 28. Chattels, &c., taken in execution, 29. Interest of bailor in goods or chattels
pledged, taken. 30. What personal property exempt from
execution. 31. Not to extend to execution for purchase
money. 32. Effect of reversal of judgment on real
estate tranferred, &c., by it. 33. Defendant to recover damages when
estate cannot be restored. 34.
Proceedings when estate can be re35.
SECTION 1. Every judgment or decree rendered in the circuit court of this District, for any debt, damages, sum of money, or costs,
against any person, shall, for the space of twelve years thereafter, he a lien on all the real estate of or to which such person shall be possessed or entitled at or after the date of such judgment or decree.
Sec. 2. No judgment or decree shall be a lien on real estate, as against a purchaser thereof for a valuable consideration, without notice, unless it be docketed and indexed, as provided in sections three and four of this chapter, either within six months after the date thereof, or thirty days before the conveyance of said estate to such purchaser.
Sec. 3. The clerk of the circuit court shall keep in his office, in a separate and well bound book, a judgment docket, in which he shall enter, without delay, any judgment or decree rendered in said court; and also every judgment rendered by a justice of the peace of this District, on any person interested therein delivering to him an abstract of such judgment, certified under the hand and seal of the justice who gave the same.
SEC. 4. In such docket shall be stated the date and amount of such judgment or decree, the date of docketing it, the alternative value of any specific property recovered by it, and the amount and date of any credits, together with the names and residence of the parties, so far as they appear from the pleadings in the case, or from such abstract. The clerk shall also index the same in the name of each defendant therein.
Sec. 5. If the clerk fail to do anything required of him in the last two preceding sections, he shall pay a fine of not less than twentyfive nor more than one hundred dollars, to any person who will prosecute therefor, and shall answer in damages to any judgment creditor who shall suffer from his neglect.
Sec. 6. A judgment of any justice of the peace of this District, rendered for any debt, damages, sum of money, or costs, when certified and docketed as herein before provided, shall be a lien on real estate, as fully, in all respects, as a judgment rendered by the circuit court, and execution may issue and be levied thereon as on a judgment of the circuit court.
Sec. 7. No recognizance taken by any court or officer shall be a lien on any real estate.
Sec. 8. No lis pendens shall bind or affect any purchaser of real estate, without actual notice thereof, unless and until a memorandum
setting forth the title of the cause, the general object thereof, a description of the land, and the name of the person whose estate is intended to be affected thereby, shall be left with the recorder, and be duly indexed by him; the recorder shall forth with record said memorandum among the land records of this District, and index the same in the name of the person aforesaid.
Sec. 9. Where two or more judgments or decrees are rendered against the same person, and the lien thereof on his real estate commences on the same day, the creditors having the same shall be entitled to satisfaction out of said real estate ratably.
Sec. 10. Where the real estate liable to the lien of a judgment or decree is more than sufficient to satisfy the same, and it or any part of it has been aliened, as between the alinees for value, that which was aliened last shall be first liable, and so on with other successive alienations, until the whole judgment or decree is satisfied. And as between alienees who are volunteers under such judgment or decree debtor, the same rule as to the order of liability shall prevail. But any part of such real estate retained by the debtor himself, or aliened without valuable consideration, shall be first liable to the satisfaction of the judgment or decree.
Sec. 11. When an execution against the property of any person is delivered to an officer to be executed, the goods and chattels of such person within this District shall be bound from the time of the delivery. If, however, there be several executions, whether issued out of a court of record or by a justice of the peace, against the same defendant, in the hands of different officers, that execution, without regard to the time of the delivery, under which the first levy is made, shall have the preference, and all liens created by the prior delivery of any other execution shall be diverted in favor of the execution first levied. The title of a purchaser in good faith, of any goods or chattels acquired prior to the actual levy of any execution, without actual notice of such execution being issued, shall not be divested by the fact that such execution had been delivered to an officer to be executed before such purchase was made.
Sec. 12. Every officer receiving a writ of execution shall endorse thereon, the year, month, day, and time of day, of its reception.
Sec. 13. If there be several executions issued against the same defendant delivered to the same officer, that which was first delivered
to the officer, though two or more be delivered on the same day, shall be first levied and satisfied out of the personal estate of the debtor; and where several are delivered to the officer at the same instant of time, they shall be satisfied ratably.
Sec. 14. All the real estate of a debtor, except as hereinafter provided, whether in possession, reversion, or remainder, held by title legal or equitable, including lands fraudulently conveyed with the intent to defeat, delay, or defraud creditors, and also all rights of entry into lands, and rights of redeeming mortgaged lands, may be taken in execution for his debts, as prescribed in this chapter.
Sec. 15. Where a judgment shall be recovered for a debt secured by a mortgage of real estate, or for any part of such debt, it shall not be lawful for the marshal to sell the equity of redemption of the mortgagor, his heirs, or assigns, in such estate, by virtue of any execution upon such judgment, except upon their written request. Nothing herein contained shall be construed to restrain such sale upon a judgment of foreclosure, in accordance with the provisions of chapter one hundred and one, Part III, of the Code.
Sec. 16. When any execution against the property of the defendant shall be issued upon such judgment, the plaintiff's attorney shall endorse thereon a brief description of the premises mortgaged, referring to the page and book of the record in which such mortgage is recorded, with a direction to the marshal not to levy such execution upon said premises, or any part thereof.
Sec. 17. If such execution shall not be collected of the other property of the defendant, the marshal shall return the same unsatisfied in whole or in part, as the case may require.
Sec. 18. All estates tail may be taken in execution, in the same manner as estates in fee-simple, for the debts of those who could lawfully bar the same; and any person purchasing such premises under execution shall have an estate in fee-simple therein.
Sec. 19. The lot and buildings thereon occupied as a residence, and owned by the debtor, being a housekeeper, and having a family, shall, to the value of seven hundred dollars, be exempt by law from sale under execution for debt. Such exemption shall continue after the death of such owner for the benefit of his widow and family, one or more of them continuing to occupy such homestead, until the youngest child attains twenty-one years of age, and until the death of the widow.
Sec. 20. To entitle any property to such exemption, the conveyance of the same shall show that it is designed to be held as a homestead under the provisions of this chapter of the Code; or if such property be already purchased, or the conveyance does not show such design, a notice that the same is designed to be so held, shall be executed and acknowledged by the owner, which shall contain a full description of the property, and shall be recorded in the office of the recorder, in a book to be provided for that purpose, and known as the “Homestead Exemption Book.” Such notice shall be indexed in the name of the party giving it; and shall be acknowledged before a justice of the peace or other officer authorized to take the acknowledgment of deeds.
Sec. 21. No release or waiver of such exemption shall be valid, unless the same shall be in writing, subscribed by such householder, and acknowledged in the same manner as conveyances of real estate are by law required to be.
SEC. 22. No such property, however, shall, by virtue of this chapter, be exempt from sale prior to the recording of the aforesaid deed or notice, or for a debt contracted for the purchase thereof, or for nonpayment of taxes or assessment.
Sec. 23. If in the opinion of the offieer holding an execution, the premises claimed to be exempt are worth more than seven hundred dollars, he shall summon six qualified jurors of the county of Washington, who shall, upon oath, to be administered by the said officer, appraise such premises. If, in the opinion of the jury, the property exceed in value the sum of seven hundred dollars, and the same can be divided without injury to the interest of the owner, they shall set off so much of said premises, including the dwelling-house, as,
in their opinion, shall be worth seven hundred dollars, and the residue may be advertised and sold by the officer.
Şec. 24. In case the value of the premises shall, in the opinion of the jury, exceed seven hundred dollars, and the same cannot be divided as provided in the last section, they shall make and sign an appraisal thereof, and give it to the officer, who shall deliver a copy thereof to the execution debtor, or to some member of his family of a suitable age to understand the nature thereof, with a notice attached, that, unless such debtor shall pay to the officer the surplus over and above seven hundred dollars, within sixty days thereafter, such premises will be sold.