21 Miss. 427 | Miss. | 1850
delivered the opinion of the court.
This was an issue to try the right of property, the plaintiffs being the oldest judgment creditors, and the defendant being a bona fide purchaser under a junior judgment. The plaintiffs’ judgment accrued by virtue of the forfeiture of a forthcoming, bond on the.first of November, 1838. ' Execution again issued in January, 1839, but nothing was made. The judgment was. duly enrolled the 26th of June, 1844, and it thereby became alien- for two years from the 24th of February, 1844. An execution was again issued on the 19th, and was levied on the 23d of February, 1846, on the negro claimed.
The adverse claim of Mower is predicated on a sale made under a judgment in favor of Parham & Gibson against Robinson, the owner of the slave, rendered on the 27th of May, 1839. The property was sold under execution which issued on the 22d-day of April, 1841, and Mower became the purchaser on the 3d of May, 1841.
Mower made his affidavit on the 12th of March, 1846, and on that day gave his bond to prosecute his right.
The act of 1844 provides that judgments rendered before the passage of the act shall not operate as liens longer than two years after its passage. Under this statute, the lien of the plaintiffs’ judgment expired on the 24th of February, 1846, the day after the levy was made, and of course the lien had ceased oh the 12th of March, 1846, when Mower filed his claim.
The defendant had purchased under a junior judgment, before the passage of this statute, and of course held subject to the older lien, so long as that lien continued. The levy was made only one day before the lien expired, and the question is, whether this circumstance will prolong the lien, or so far perfect it as to