132 Iowa 497 | Iowa | 1906
The decision of this question depends upon the construction to be given section 273 of the Code. That section provides that judgments in the superior court “ may be made liens upon real estate in the county in which the city is situated, by filing transcripts of the same in the district court, as provided in this code in relation to judgments of justices of the peace, and with equal effect, and from the time of such filing they shall be treated in all respects as to their effect and mode of enforcement as judgments rendered in the district court as of that date, and no execution can thereafter be issued from the said superior court on such judgments, and no real property shall be levied on or sold on process issued out of the superior court. Judgments, of said court may be made liens upon real estate in other counties in the same manner as judgments in the district courts.”
It will be observed the judgments of the superior court are to be treated as judgments of the district court only when transcripts thereof are filed “ in the district court ” of the county in which the superior court has jurisdiction. Thereafter, as to their effect and mode of enforcement, they are to be treated in all respects as judgments rendered in the district court as of that date. Before the transcript is so filed the judgment must be enforced, if at all, through process issued out of the superior court, which may be levied on personal property only. International Trust Co. v. Keokuk Electric Ry. Co., 90 Iowa, 90. After the filing of such transcript execution may not issue from the superior court;
The powers of the clerk with reference to transcripts from other counties are those prescribed by the statute only; i. e., of docketing and indexing them “ in the same manner as though rendered in the court of his own county.” Sections 3802, 3803, Code; Ætna Life Ins. Co. v. Hesser, 77 Iowa, 381. He is not authorized to receive payment or to satisfy the judgment, and the return of the execution must be to the clerk of the county where the judgment was rendered. Hawkeye Ins. Co. v. Luckow, 76 Iowa, 21. The levy and sale under execution may be made without the filing of a transcript, and will be precisely as effective as against those having actual notice and to all subsequent to the recording of the sheriff’s deed as though a transcript
But appellant insists that the last clause of the statute should be construed as separate and apart from the portion preceding it. If this were to be done, it might be held that Judgments of the superior court could be made liens on lands in other counties by filing transcripts thereof directly in the courts of such other counties. This would result in the anomalous condition of having a lien on property which neither could be levied upon nor sold under the process of the only court authorized to issue it. It would be idle to set aside conveyances in order to establish, such a lien, even if it were thought that anything which cannot be enforced may constitute a lien. The plaintiff, without a levy on the property or in a situation to make one, cannot assail the conveyances as fraudulent. State Ins. Co. v. Prestage, 116 Iowa, 468. The situation is precisely as though he had sought to subject land to the payment of the judgment of a justice of the peace, and such an action cannot be maintained. Crippen v. Hudson, 13 N. Y. 161; Peterson v. Gittings, supra. However, a sentence may not be thus separated from what precedes it, for the purposes of construction, unless it relates to another subject-matter. Not only the different sentences of a statute, but different statutes, if in pari materia, are to be construed together in ascertaining the true meaning of the lawmakers. Sutherland on Statutory Construction, section 443 et seq. So construing the statute before us, it is manifest that judgments of the superior court are to be made liens on real estate in other coun