Rhea v. Smith
274 U.S. 434 (1927)

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U.S. Supreme Court

Rhea v. Smith, 274 U.S. 434 (1927)

Rhea v. Smith

No.199

Submitted March 4, 1927

Decided May 31, 1927

274 U.S. 434

Syllabus

1. In the absence of a state law providing conformity between liens of judgments of the federal district court and of judgments of the state courts of general jurisdiction of the first instance, as contemplated by the Act of Congress of August 1, 1888, a judgment of the federal district court is a lien on all lands of the judgment debtor within that court's territorial jurisdiction. P. 274 U. S. 441.

Page 274 U. S. 435

2. A Missouri statute by which the judgment of a state circuit, county, or probate court is a lien upon the real estate of the judgment debtor in the county for which the court is held, but by which a judgment of the federal district court is a lien on property in the county in which it is rendered only if a transcript thereof be filed in the office of the clerk of the state circuit court, does not comply with the Act of Congress of August 1, 1888, supra, even though the lien of the federal judgment, upon the filing of the transcript, relate back to the date of rendition, and notwithstanding that the condition as to filing transcripts applies also to the judgments of the supreme and other appellate courts of the state. Pp. 274 U. S. 441, 274 U. S. 444.

308 Mo. 422 reversed.

Certiorari (269 U.S. 544) to a judgment of the Supreme Court of Missouri which affirmed a judgment in favor of Smith, defendant in a suit brought by Rhea to determine title and in ejectment, concerning land which Rhea claimed under sales made in execution of a money judgment recovered in the federal court against a former owner from whom Smith also claimed title through a conveyance made after that judgment but before the execution sales.

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