Arkansas democratic banner., 1851-11-25
Digest of the Decisions ef the suprem.
 Court of Arkansna

1851, isi NSr. APpraI fran PsLask, Csrea., cav,,
 oa Bal sad Crass BiR.
 MT. !rsncE WALKER delivered the opinion of he
 Court:
 A wrii without ,he signature of the clcrs ,z erroneous yet is not necessarily void, and ,he court fFom whence issued might either qassh at amend II, sSt the circumstances Of ,he case may reouHe, saca wi, beng ameadable. when cslla. teraliy questioned, will be considered as amended SsreA~sv v. WA'ae. 2 WssAangta..'s K. 2es.
 That directory enactment Of the Const.ta,ion is oI no more validity ss law than like enact ment by staiaie--hoth are laws though enans, ing from different law making bowers.
 levy upon the property of aefesaas, is. satisfaction of she Judgment untl Il appears fvoa. Inc sale and return on ,be execution that the levy IS insufficient. Tue effect of the levy IS The same whether on goods or on rtal estate.
 Wriis of zen. ex with i. fa. clauses are in,prau- eE' but not absolutely void, but voldable, and should, oa proper application, be set aside
 When party purchases, with notice of such lfregularity. specific performance will no, ee de- creed m k,s iavor
 The shend derives hts pdwer ta levy and sell. { ik- therefore neither supplies the necessity for not the office of wrt from which the officer derives hts power to sell.
 The old rule that a levy d.ses.ed the owner of title to the property fell with the doctrine of abso late satisfaction.
 \ purchaser of lands, at judicial sale, derives title from ihe judgment, the wni and the proceed. ings under 1t, which the law provides shall be re. turned upon the wnt and fled as part Of ,he re. cord under which the tite is deriyel not 50 in the case of goods, they pass by delivery.
 The office of cen. sr., in the case of the sale of lands, is a mere command to hasten the acton of the sheriff, 10 require hun to do that winch he has no power. independent of the vii, Of rsa er, but t eonfers on him the power to sell well as com mands hun 10 proceed io do so.
 levy was made under the GrS, writ wAich, when returned, was J4aeias e5ieo. the ren CT. re- lates back to the 4 Jd. and the levy and return l upon 1t. and the power of the officer commences under the rea. cT., sheFe the sheriff. under the 6 IJs., stopped. He had levied while the 4. fa was In force, but the power revoked by limitation before the saie the er., therefore, does not confer power to levy, that had already been doae but 1t does confer power to sell, because the d. ta had not been executed m that particular. The two writs are n fact but one writ, the latter being designed to complete what had been commenced. | That levy or sale of property other than that described in the writ IS not an erroneous eAefelse of power granted, but an ass sumption of power not granted, and for that reason void. and purchas- CTS could not acquire title under such process
 That the satisfaclsn of the judgment entered of record as io one of the defendants IS a satisfaction as to all. and no execution or process could issue after such entry of record.
 1 That tbe institution of the suit is constructive notice to ali purchasers after suit IS commenced l That purchaser pendenie He acqafes title by his purchase, winch he can set up or assert to the prejudice of the parties htgant and the suit wIll be heard upon it's merits between the parties 1 litganL irrespective of the rights of such par chaser. Saeh conveyance If valid for any puT- pose can only be between vendor and veudee ] A judgment lein IS a security against subsequent ! purchases and incumbEances, which deaies 10 the debtor the rght to aien or cucumber hls property, to the prejudice of the rights of the judgment creditor for gwen penod.
 Ii is right Spnnging out of aud dependent upon the judgment for its existence; it follows the con- dition of the judgment. If ihe judgment IS re versed or set aside the lem s ss nstaAh discharg- ed. If pad, it is merged in the payment. If sns- pended by inianctioE or supefsedeas, the iein is also suspended; snd as a levy operates as Prnaa fsce satisfaction, and whilst undixc hsrged satisfies and suspends the judgment the lein must also be suspended with it. If the levy prove insufficient to satisfy the judgment by the discharge of the levy, inc judgment restored to it's full force and effect upon the estate o. the debtdN; also does the ein, unless in the m, antne 1t has expired bJ
 limitation or has been dIsc hA sged by Inc act of the 1 creditor.
 Upon the return of the creditor for fartheir sat- isfactlon the lem maintains it's grasp upon the whole estate of the debtor to the fail extent, as when first created; and intermediate sales of prop ery by junior leIn creditors, by the debtor. be- tween the hsst levy and the discharge thereof. 4 such discharge takes place before the SatGte 0t limitation, wiiI be held subject to such sIn. 1 Under our statute. where sci ia. has issued be- fore the etR of the judgment has e1plIpd by liml- taton but the judgment of tevisor subject iotn- [ teryeniDg equitles, that may have aflsen between 1 the creditors themselves. between the date Of the se fa. and the rendition of the judgment fesiT'hs ] sneb lein. s
 l So far as ,be debtor IS concerned, the lem Of revived judgment exists m all is original ioree; but 1t does not follow tbst the rights Of oihes' acquired oEsnAsissing under the dotnTaaaey oi the 1 judgment, are subordinate to the revived len. | When the lein hss expired, the creditors l- I ierest IS indefinite and contingent; II s moi sgb. sixtng interest In the lands, but powst to set up l an interest that may never be exercised. ! Where, in a sat at law. a note corresponding with that sued upoa S copled into the record. bai
 IS oot brought there by oyer, ao noiice s taken 'i \ Il upon the record has bcea repeatedly heis ey ihls court, and consequently IS not sn eNa'5il ia ! tbis case.
 la an equitable point of view, the security ai-