Moses v. . Major

Adams, J. So far as tbe record disclosed tbe title to tbe land described in tbe complaint was in Case and Porter wben tbe defendant recovered bis judgment against them. Tbe judgment was docketed on 30 January, 1922, and was a lien on tbe land for a period of ten years from tbat date. C. S., 614. In ber complaint tbe plaintiff alleged tbat Case and Porter conveyed tbe property to Harvey Allen on 15 June, 1920, but tbe defendant denied tbe allegation and there is no finding tbat sucb conveyance was made. There is nothing in tbe record to show tbat title was ever conveyed by Case and Porter; and tbe docketed judgment fixed tbe lien upon tbe land wben they bad tbe title. Tbe execution was issued on 9 August, 1929, within ten years from tbe date tbe judgment was docketed. Tbe plaintiff seeks to enjoin tbe execution and to vacate tbe judgment on tbe ground tbat tbe sale would create a cloud upon ber title and would impair its value. She has no complete chain of title and relies upon adverse possession for seven years prior to tbe time tbe execution was issued as determined by tbe verdict. She says, also, tbat no execution was issued on tbe judgment during this period. With respect to this proposition we may suggest tbat tbe statute relating to tbe possession of real property for seven years (C. S., 428) restricts an entry upon land or an action to recover it by a person claiming title or tbe right of possession. Tbe defendant is a judgment creditor; be has no right of entry upon tbe plaintiff’s land or cause of action for its possession; be has neither jus in re nor jus ad rem in tbe judgment debtor’s land but a mere right to make bis lien effectual by following tbe course prescribed by law. Dail v. Freeman, 92 N. C., 351. As to him tbe plaintiff’s possession was not adverse. Tbe land is not relieved of tbe judgment lien by a transfer of tbe debtor’s title, and adverse possession cannot defeat tbe efficacy of a valid judgment lien. C. S., 668, which provided tbat after tbe lapse of three years from the entry of judgment execution could be issued only by leave of tbe court, was repealed by tbe act of 1927, before tbe issuance of tbe execution in question; and section 667 was made to conform to tbe new law. Pub. Laws 1927, cb. 24. We are of opinion tbat none of tbe eases cited by tbe appellant sustains ber several contentions. No error.