95 So. 280 | Ala. | 1923
The material question presented for review and argued in the briefs is whether a valid, effective lien is created by the registration, under Code, §§ 4156, 4157, of the certificate of a judgment in which the judgment plaintiff or plaintiffs is described as "Frank M. Ladd et al."; the statute (section 4156) requiring, among other data, that such certificate "shall show * * * the names of the parties thereto." It is manifest that the prescription with respect to the parties refers to the parties to the judgment or decree, not necessarily to the parties to the cause.
In Conn v. Sellers,
It is proposed that the abbreviation might be disregarded as surplusage, thereby leaving Frank M. Ladd as the judgment's party plaintiff for the purposes of registration under the cited statute. This cannot be done without unwarrantably deleting a material feature of the certificate, with the effect of making the certificate efficacious to create the lien when, in fact, it was abortive for that purpose under the stated prescription of the statute (section 4156).
The judgment is affirmed.
Affirmed.
ANDERSON, C. J., and SOMERVILLE and THOMAS, JJ., concur.