Honorable HolveyWilllepa~ 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 letterof Augwt l3, 1940, requesting the opinionof this department upon the following

matter: "Mr. Floyd Mitchell, CountyClerk of MocLennan County, has calledon this office for an opiniona8 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

issuedout of this pauee and it is very probable that a judment for forecloeure vae rendered

againetat least some of the other defendants. Hr. Mitchell wants to lmow if this abstract of judgment

shouldbe indexed againstall of the defendants mentionedin this instrument or if it shouldbe indexed only against

H. F. Pochyle. "It ia our opinionthat 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 mentionedin this opinion, an abstractof judgment shouldbe indexed againetevery defendant in the judgment, even though the jud@nent againat

him was only for foreclosure

or for COStsj it appearsfrom 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 CountyClerk recording and indexing such a judgment

to look furtherthan the abstract of judgment filedwith him?" The abstract

of judgment

ineofar

ae pertinent

here reads a8 fo I,lows "--

Honorable

HolveyWilliams,

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. Sandersand Joe Headen,are defendants, Ho. 47162-A. The said plaintiff - BankereLife Campany, a corporation

recovered

a jud@nent againstsaid defendant -H. F. Poohylal * *. Said judeplent is entitled

to the following

credits,

to-wit: (Here is listeda credit as a result of the execution of an order of sale). * * *" In Opinion

No. O-1568 this depe.r+zuent exhaustively

analyzedthe authorities

in this state relative to the creation

of statutory

judgment

liens underArticles 5447 and 5448 of the RevisedCivil Statutesof 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,

appliestherefor, shallmake out, oertWy underhis hand and office seal, and deliver to such applicant upon the paymentof 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 balancedue thereon. The rate of interest specified

in the judment. "Each justice

of the peace shall alsomake and deliver an abstract

of any judgment

renderedin his court in the mannerherein provided, certified

under his hand."Honorable HolveyWilliama,

Page 3 (0-2630)

“Article

5448. - Recordingjud@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 abstractis 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 judgmentlien the county clerk shouldenter 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 shouldbe indexed We held this necessary

although

no personaljudment 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 judgmectis for costs. We reaffirm thisholding,and are enclosing a copy of this opinfon for your perusal.

However, in OpinionI?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 extentOpinionIVo. O-1568 is modified. The county clerk of any particular countydoee not have the benefit of, nor have acceee to the officialjudaenta filed in all the offices of the clerks of the variouscourts over the state. He shouldnot be, nor do we believe

he is required

to look furtherthan the abstract of those judpente which, if properly

prepared,

would reflectall of the information they are required

to contain

under Article 5447 of the RevieedCivil Statutes,in-luding the namee of all of the plaintiffe and all of the defendanta appearing

upon the face of the jud@nent.

It followsthat the criterion of the county clerk in all cameomust be the abstract

of judgment. If a party appearsa8 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 JoeHonorable HolveyWilliams,

Page 4 (0-2630)

Headenwere aI1 Pietedas defendanta in the jud@mnt the district s1.sb c,f DallasCountyhad beforeher when ehe preparedthe abstract. 1,'; f~i',;~$.s and you are advieed that underArticle 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