146 P. 595 | Wyo. | 1915
This is an action by the plaintiff in error against the defendants in error to enjoin the sale of certain real estate on execution. The judgment was in favor of the defendants, and plaintiff assigns error.
The facts of the case are not in dispute and are as follows : On January 25, 1907, Christina M. Fleming made desert entry for the land in question, and on March 29, 1912, submitted final proof of compliance with the requirements of the desert land laws, and on January 23, 1913, the P.egister and Receiver of the Land Office issued to heir a final receipt or certificate of purchase and payment for said lands, and on September 13, 1913, a patent was issued to her by the United States therefor. September 13, 1911, the defendant, Anna B. Bosey, recovered a judgment in the District Court against said Christina M. Fleming and another for $2803, and costs, and October 24,-1913, caused execution to be issued on said judgment and to be levied upon said land. To enjoin a sale on said execution this action was brought. August ri, 1913, said Christina M.
The principal question in the case is whether the judgment was a lien on the land prior to and at the time of the conveyance from Mrs. Fleming to plaintiff. If it was, then no other questions need be considered. The statute provides: “Lands and tenements, including vested interests therein, * * * not exempt by law, shall be subject to the payment of debts, and shall be liable to be taken on execution, and sold as hereinafter provided.’’ (Sec. 4683, Comp. St. 1910.) “Such lands and tenements, within the county where the judgment is entered, shall be bound for the satisfaction thereof from the first day of the term at which the judgment is rendered; * * * and all other lands, as well as goods and chattels of the debtor, shall be bound from the time they are seized in execution.” (Sec. 4684, id.) It is not material in this case whether Mrs. Fleming had such an interest in the land at the date of the judgment and before final proof, payment, and receipt of final certificate as would be subject to the lien of the judgment, as it is the law of this state that the lien of a judgment attaches to the after-acquired lands of the debt- or. (Coad v. Cowhick, et al., 9 Wyo. 316-325, 63 Pac. 584, 87 Am. St. Rep. 953.) It is with respect to the interest or title of the entry'man after final proof, payment, and issuance of final receipt or certificate, but before patent is issued that we are to enquire. Having complied with all of the requirements of the United States statutes, and the rules and regulations of the Interior Department, and having paid the purchase money in full, and having received from the proper officers the certificate of purchase, Mrs. Fleming was entitled to a patent for the land. 'She was not the owner of a mere equity, but was the owner of the full equitable title, and the government retained only the naked legal title; and that it held in trust for her. (Caldwell et al. v. Bush, 6 Wyo. 342, 45 Pac. 488.)' By her purchase and payment and by complying with all of the requirements of the statutes and regulations she acquired all the