Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-05-20
TITLE OF PROPERTY
LAID CONDEMNED NOT AFFECTED
BY JUDGMENT LIENS.
Opinion of Assistant Corporation Coun-
sci on the Subject-Other
Gases Affected.

The title of property acquired by the Dis
trict under condemnation proceedings is
not affected by prior judgment liens against
such property. This is the substance of
legal opinion submitted to the Commission
ers today by Assistant Corporation Coun-
sci "A. Leftwich Sinclair. Considerable i'm
portance attaches to the opinion from the
fact that the District auditor has under
consideration several cases upon which the
opinion has a direct bearing. The payment
of money to former owners of property
which had been condemned for the use of
the District has been withheld for several
months because of the doubt involved in
connection with the effect of judgment liens
against the property. The opening of sew
eral alleys 1t is stated, has also been de-
ferred for the same reason.
The opinion of the assistant corporation
counsel has been approved by Commission
er West, and the auditor will probably in-
mediately take steps to pay over to the
former owners of the land the amounts due
them. The District will also proceed in a
short time with the opening Of certain
alleys in various parts of the District.
The specific case upon which the opinion
is submitted is that connected with the con-
demnation of land in square No. 500 for the
opening of an alley part OF the land
part of lot 25-acquired by the District was
owned by Leonard Geneste, who was
awarded $500 damages by the jury. Suisse
quent to the condemnation proceedings II
developed that at the time the verdict OF
| the Jury was rendered this piece OF land
| was incumbered by nine judgments OF rec
ord In the District Supreme Court, aggre-
eating q sum much in excess OF the Vaiue
of the land taken from the tract owned by
| Mr. Geneste. The District auditor there
upon requested to be advised whether any
| thing could be done to secure good title 10
| the land. and, if not, whether the failure 10
secure such title vitiates the entire pro-
hath no
| be made to the remaining owners of prop
erty in the square whose land has been
conderx ned and to whom awards for DAM
ages have been made.
Mr.. Sinclair's Views.
Mr. Sinclair states in his opinion, tnat
careful examination Of the authorizes mas
convinced him that the condemnation pro-
ceedings referred to are in no wise aHected
| by these judgments, and upon payment VI
| the damages awarded by the jury ior the
land taken from lot 20, to the owner these
of the District will take the property Ior
the purpose for which 1T was conoemneu'
| discharged from the lien of the judgments
mentioned c.;
cites a large number of decisions of emf
nent iurists relative to the effect or Juog-
| ment liens He quotes Mr.. Mills In mis-
work on eminent domain, who says:
"a Judgment creditor has lien against
| land but not an estate or proprietary in
| terest in 1t. The lien Is creature OF the
| legislature, and may be abolished at any
| time; and a lien may be superseded by pro-
| ceeding Of condemnation had perore tne
| Judgment had ripened into title,
| The law which gives judgment creditor
| a lien on the real estate of the DEBTOR re-
/ Iates solely to the remedy, and there can
/ be no vested right In remedy ine Juos-
/ ment creditor may have rights to the money
paid. as between himself and the debtor,
] but on payment of the compensation to the
| owner of the land the title passes, free OF
| liens"
Continuing Mr.. Sinclair says: I'm Gim-
| bel vs. Stolte, SO Ind, 446, 1t was held that
! a proceeding by a city to condemn real es-
tate for street purposes, Is, proceeoihs
/ against the owner thereof alone. and the
holder of a simple judgment lien thereon
| is not entitled to notice thereof. and can
/ not redeem therefrom; and that land so
condemned is taken blythe city discharged
/ from the lien of a previous judgment"
/ His Conclusion.
/ A number of other decisions cited by Mr.
Sinclair are to the same effect as those
quoted. In concluding. he says:
"A perusal of sections 1908, 1909, 1910,
| 1911, 1872 and 1913 of the Code. under which
the land in question was condemned. will
| show that only proceedings against the
/ owners of the land to be condemned are
| contemplated Notice is required to be
/ given only to the 'proprietors or owners,
| and It is clear, to my mind, that the dam
ages awarded by the jury are to be paid
only to the respective owners of the land
taken.
81 am of the opinion that the condemna-
| ton proceedings to which the auditor in
vites attention are not affected by the judg-
ments referred to. and that upon payment
of the damages awarded by the jury for the
land taken from lot %, to the owner there
OF title to the land will pass to the District
OF Columbia. free Of judgment liens as
hereinbefore stated
Charles B. Thomson, who was arrested
at Philadelphia charged with being fugi-
tive from Indiana, where he il wanted for