The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-02-13

Ito limit the rights conferred aee Va
Congress adopting tle State lazy. MS wa y.
decided In i'alneri Us. allen, I. CrInct'
D5e-8A: y1ngyanl Us. Sotithogd, 10 Wnea-
ton, i United Sftdtss Bd1lk Us. ifdtsseaa, !,
10 Wheat, 81 Boyle cs. zacharis et az, .
Peters, B4S :; and {more particularly IN tnelr
bearing upon the question now under- :. co OBJ.
sideration] 1HassengiH %. Dozens, z = how "
ard, T80 and Carroll U.s., WGtAtns, 2 An.
bott.s u. S. Reports, 47A. i'm these iass
cases the law Of Mississippi, giving the men
in favor OF judgments for money was nlodi-
fed BY provisions requiring judgments !! 20
be docketed, and making exceptions 10
favor'of subsequent purchasers without no
tice as against judgments not docketed-
provisions identical in purport Win those
at Virginia. But the Supreme Court OF the
limited States held In the former case that IN
STATES where judgments create liens ludg-
meut OF a United States court has fnat ope-
ration throughout the judicial district IN
which it is rendered, and any provisions OF
State legislation modifying the lien OF 1udg-
ments and restricting their operation can.
not affect the lien of Judgment OF a United
States court. .
7 think the decision OF the Supreme Court
in MassengiIl Us. Downs is decisive OF the
question under consideration. and requires
me to decide thatthe Judgment OF this court
rendered in October, 1877. is good against
the trust.deed executed in January follow
ing, and that the lien created by section
916 of the Revised Statutes OF the UnlteC
States, adopting section 6 OF chapter ~
of the Virginia Code, is not controlled
or affected by section 8 OF that chap-
ter of the Virginia Code. This Court
has decided that a lis pende7as IN a United
States court binds property IN litigation,
though not recorded and docketed, as re-
ouired BIZ State law if in State court.
Ruchenglin Us. Volt, Hughes, IS.
I do not think 1t necessary to 60 farther
and inquire whether a judgment in favor OF
the United States has the same force as a
Judgment in favor Of the State OF Virginia
in this State and as Judgment in favor OF
the Crown in England. / am inclined to
Ueiluyg OH authority, aud would so decide II
necessary in this case, that judgments in
favor OF the United States stand on the same
principle as those in favor of the Common
wealth and OF the Crown; that they are
lien independently Of laws making ludg..
mens generally a lien upon the estates OF
debtors, and do not depend upon those
laws. Although the ancient writ in favor or
the Crown OF ertendi .facidS is obsolete by
mere QlSuSe, UafihS. SiFSh piuSS w nv. "
efficient remedies, yet imagine that it SUI
lies theoretically; and its theoretical exist
ence is sufficient to establish the liens IN
this country of judgments in favor OF the
State and Federal Governments.
Their precedence over all liens in favor OF
private persons stands upon such broad
maxims as salus popuEi supren,a leg ;
| ThesduruS regis est pacis Uincut,tm, et 6eHo-
rum nerUt. and the like. Certain preroga-
tives OF the Crown belong in the United
States not only TO the Stale governments,
but to that OF the United States. Those
which belonged to the King in England as
parens patrtp, as distinguished from those
which belonged to his person, survive to the
Government of the United Stats IN TINS
country. Dollar Savings Bank Us. me
United States, 10 Wall, $50.
This doctrine is we'll sertled in respect TO
the State governments; more particularly
by Commonwealth as. McGoCer1, 4 Bibb,
81; Leake Us. Ferguson, . Graham. 1856;
and Commonwealth Us. Baldwin, Watts.
"a. Authorities might be multiplied If it
were necessary.
It might not be necessary, in respect to
recent judgments in favor OF the United
States, to resort to a bill in chancery for the
enforcement OF them upon real estate. But
where they have been standing for any
length of time, and Junior liens have super
yened, l think the proper method OF pro-
ceeding is the same as would be proper in
respect to Judgments in favor OF citizens
that is to say. by bill-and that such
course has been properly taken In this case.