Honorable Holvey Willlepa~ 

Criminal District Attorney 

Waco, Texas 

Dear Sir: 

?&is opinion 

nodlfles opinion 

#o-1568 

opinion. NO. 0-2630 

Re: Proper indexing of 

abstracts of judgment 

We have for reply your letter of Augwt l3, 1940, requesting the 

opinion of this department upon the following matter: 

"Mr. Floyd Mitchell, County Clerk of MocLennan County, 

has called on this office for an opinion a8 to how the 

enclosed abatract of judgment should be indexed. You will 

note that there are several defendants to the suit but the 

abstract of jud@uent shows that plaintiff only recovered 

judgment against H. F. Poohyla, one of the defendanta; 

however, the abstract of judment shows that an order of 

sale we.8 issued out of this pauee and it is very probable 

that a judment for forecloeure vae rendered againet at 

least some of the other defendants. Hr. Mitchell wants 

to lmow if this abstract of judgment should be indexed 

against all of the defendants mentioned in this instrument or if it should be indexed only against H. F. Pochyle. 

"It ia our opinion that this abstract of judeent 

should be indexed only againet the defendant, Ii. F. Pochyla, 

and for our authority, ve refer to your opinion Bo. O-1568. 

However, as mentioned in this opinion, an abstract of judgment should be indexed againet every defendant in the judgment, even though the jud@nent againat him was only for 

foreclosure or for COStsj it appears from this abstract of 

judgment that judFpnent for forecloeure was rendered against 

at least ecme of the other defendants to this suit, but if 

these facts are true, inasmuch ae they are not named, would 

it be the duty of the County Clerk recording and indexing 

such a judgment to look further than the abstract of judgment filed with him?" 

The abstract of judgment ineofar ae pertinent here reads a8 

fo I,lows " 
-- 

Honorable Holvey Williams, Page 2 (0-2630) 

"The State of Texas, 

County of Dallae. 

"I, Pearl Smith, Clerk of the Dietriot Court of Dallas 

County, Texas, do hereby certify that in the District Court 

of the 14th Judicial District of Texae, in a certain suit 

pending in said Court, wherein Bankers Life Company, a 

corporation, is plaintIff, and H. F. Poohyla, Johanna Pochyla, 

StansellBryen, Trustee, J. R. Torrance, 0. D. Sanders and 

Joe Headen, are defendants, Ho. 47162-A. The said plaintiff - 

Bankere Life Campany, a corporation recovered a jud@nent 

against said defendant -H. F. Poohyla l * *. Said judeplent 

is entitled to the following credits, to-wit: (Here is 

listed a credit as a result of the execution of an order of 

sale). * * *" 

In Opinion No. O-1568 this depe.r+zuent exhaustively analyzed the 

authorities in this state relative to the creation of statutory judgment liens 

under Articles 5447 and 5448 of the Revised Civil Statutes of Texas, 1925, 

which read a8 follows: 

"Article 5447. - Abstracts of Judments. Each clerk of 

a court, when the person in whose favor a jud@nent wae 

rendered, his agent, attorney or assignee, applies therefor, 

shall make out, oertWy under his hand and office seal, and 

deliver to such applicant upon the payment of the fee allowed 

by law, an abstract of suoh judment showing: 

"1. 

"2. 

“3. 

“4. 

“5. 

The names of the plaintiff and of the 

defendant in such judgment. 

The nmber of the euit in which the 

judgment was rendered. 

The date when such judment wae rendered. 

The amount for which the jud@uent vae 

rendered and the balance due thereon. 

The rate of interest specified in the 

judment. 

"Each justice of the peace shall also make and deliver 

an abstract of any judgment rendered in his court in the 

manner herein provided, certified under his hand." 
Honorable Holvey Williama, Page 3 (0-2630) 

“Article 5448. - Recording jud@enta. Eaah county 

olerk shall keep a well bound book called the 'Judaent 

Record', end he ehall immediately file end therein record 

all properly authenticated abstracts of judment when 

presented to him for record, noting therein the day and 

hour of such record. He shall at the same time enter it 

upon the alphabetical index to much jud@nent record, showing the name of eaah plaintiff end of each defendant in the 

judgment, and the number of the page of the book upon whioh 

the abstract is recorded. He shall leave a epaoe at the 

foot of each such abstract for the entry of credits upon 

and satisfaction of such judmente and shall enter the eeme 

when properly ahown.' 

In that opinion we held that under Article 5448 in order to effectuate a judgment lien the county clerk should enter upon the alphabetieal 

index to his judgment record the name of each plaintiff and of each defendant 

appearing upon the face of the Judepnent; thatifa party is known as plaintiff or defendant in the judgment his name should be indexed We held this 

necessary although no personal judment for debt has been rendered against 

such pla-&tiff or defendant (a judfpnent in rem for foreclosure being-sufficient); 

and even though the only judsent rendered again& any party to the judgmect is 

for costs. We reaffirm this holding, and are enclosing a copy of this opinfon 

for your perusal. 

However, in Opinion I?o. O-1568 we indicated that the county clerk 

with reference to the particular abstract of jud@ent form su?xuitted should 

index only the name of the defendant set forth in the reoovery clause. To 

that extent Opinion IVo. O-1568 is modified. 

The county clerk of any particular county doee not have the benefit 

of, nor have acceee to the official judaenta filed in all the offices of the 

clerks of the various courts over the state. He should not be, nor do we 

believe he is required to look further than the abstract of those judpente 

which, if properly prepared, would reflect all of the information they are 

required to contain under Article 5447 of the Revieed Civil Statutes, in-luding 

the namee of all of the plaintiffe and all of the defendanta appearing upon the 

face of the jud@nent. 

It follows that the criterion of the county clerk in all cameo must 

be the abstract of judgment. If a party appears a8 a plaintiff or a defendant 

upon the abstract of judsplent whether named in the recovery clause or not his 

name should be indexed. 

In the specific case at hand we assume that the nemee of H. F. Pochyla, 

Johanna Pochyla, Stansell Bryan, Truetee, J. Ii. Torrance, 0. D. Sanders, and Joe 
Honorable Holvey Williams, Page 4 (0-2630) 

Headen were aI1 Pieted as defendanta in the jud@mnt the district s1.sb c,f 

Dallas County had before her when ehe prepared the abstract. 1,'; f~i',;~$.s 

and you are advieed that under Article 5448 the namea of all e,l;ch defe:&c:s 

should be indexed by the county clerk. 

Very truly yaurs 

mls 0PRi10Ly 

COlmDRBml Am 

APPEOVED m 

IaMTrED 

CORFERERCE 

JE3:Z-W 

EIVCIDSURE 

APF'ROVED SEP SDS 1940 

/a/Gerald C. Mann 

ATPCFQTEYGEXERALOF TEUS