When lien

shall attach.

lies; and no lien shall attach to the lands in any county of this state until the date of filing such transcript, except in the county wherein the judgment was rendered, in which case the lien shall

attach from the date of such rendition.

SEC. 3. The clerk shall, on the filing of such transcript in his Duty of clerk. office, immediately proceed to docket and index the same in a separate book kept for that purpose, in the same manner as though rendered in the court of his own county, and he shall be allowed to charge and receive the same fees as provided by law for like

Judgment.

service.

SEC. 4. When the amount due on any judgment is paid off or Satisfaction of satisfied in ful!, the plaintiff, or those legally acting for him, must acknowledge satisfaction thereof in the margin of the record of the judgment, or by the execution of an instrument in writing, referring to the judgment, and have it duly acknowledged and filed in the office of the clerk of the district court in every county where the judgment is a lien. If he fails to do so within sixty days after having been requested in writing so to do, he shall forfeit to the plaintiff, [defendant,] the sum of fifty dollars.

[The U. S. Circuit Court for this were liens throughout the district district, in the case of Hinzie v. (i. e. the state) without a transcript Elliott. Oct. Term, 1877, (not report- being filed in the county where the ed), held that judgments of that court | land was situated.]

CONVEYANCE BY COMMISSIONER.

SEC. 2886. Real property may be conveyed by a commissioner appointed by the court:

1. Where, by judgment in an action, a party is ordered to convey such property to another;

2. Where such property has been sold under a judgment or order of the court, and the purchase money paid.

SEC. 2887. The deed of the commissioner shall refer to the judgment, orders, and proceedings authorizing the conveyance.

SEC. 2888. A conveyance made in pursuance of a judgment, shall pass to the grantee the title of the parties ordered to convey the land.

SEC. 2889. A conveyance made in pursuance of a sale ordered by the court, shall pass to the grantee the title of all the parties to the action or proceeding.

SEC. 2890. A conveyance by a commissioner shall not pass any right until it has been examined and approved by the court, which approval shall be endorsed on the conveyance and recorded with it.

SEC. 2891. It shall be necessary for the conveyance to be signed by the commissioner only, without affixing the names of the parties whose title is conveyed; but the name of such parties shall be recited in the body of the conveyance.

SEC. 2892. The conveyance shall be recorded in the office in which, by law, it should have been recorded had it been made by the parties whose title is conveyed by it.

SEC. 2893. In all cases under this code, whenever by law it is permitted or required that judicial or other sales and conveyances of land may or shall be confirmed and approved by a court, it

shall be lawful for the judge of the court, in vacation, to confirm or approve the same, and to cause the proper entry or entries thereof to be made required by law and the rules of such court.

CHAPTER 10.

OF JUDGMENT BY CONFESSION.

SECTION 2894. A judgment by confession without action, may Clerk may be entered by the clerk of the district or circuit court in the manner hereinafter prescribed.

This statute does not authorize the confession of a judgment by the debtor, without the knowledge or consent of the creditor. Such a judg

ment may be canceled on motion of
the creditor: F'. & M. Bank v. Math-
er, 30-283.

enter.
R. 3397.
C. '51, ¿ 1837.

for money.

SEC. 2895. Such confession can be only for money due, or to Can only be become due, or to secure a person against contingent liabilities on behalf of the defendant, and must be for a specified sum.

C. '51, 1838. Verified statement filed with

SEC. 2896. A statement in writing must be made and signed by the defendant and verified by his oath to the following effect, clerk. and filed with the clerk:

1. If for money due or to become duc, it must state concisely the facts out of which the indebtedness arose, and that the sum confessed therefor is justly due, or to become due as the case may be.

2. If for the purpose of securing the plaintiff against a contingent liability, it must state concisely the facts constituting such liability, and must show that the sum confessed therefor does not exceed the same.

A statement that the amount due was for money borrowed from plaintiff and interest, etc., evidenced by a promissory note, etc., held, sufficient: Van Fleet v. Phillips 11-558; and so held where the statement was for "money borrowed": Marvin v. Tarbell, 12–93.

It is not sufficient to state that the r. Lowe, 9-580, holding that the desum for which judgment is confessed fendant himself might take advantage is dae upon a note, but the satement of such defect): Plummer v. Dougshould show the manner in which the las, 14-69; and see Churchill v. Lyon, indebtedness arose for which the note 13–431. was given, and it must state that the amount is justly due: Edgar v. Greer, 7-136; and where the statement was that the amount was due on a promissory note given for a balance due on settlement, and it was not alleged that the amount was justly due, held that a judgment on such statement was illegal and should not affect third parties, and that an existing creditor, subsequently obtaining judgment, might have the judgment by confession set aside on motion: B rnard v. Douglas. 10-370; but as between the parties judgments by confession are valid, although the statement does not substantially comply with the statute in showing how the indebtedness arose (criticising Edgar v. Greer, 7-136, and Kennedy

As to what is a sufficiently concise statement of the facts, etc., see Miller v. Clark, 37–325.

The statement, as between the parties, will be sufficient without being sworn to. If defective in that respect it may be amended on leave of court: Thorp v. Platt, 34-314.

One partner has no authority to confess judgment against the firm. and such a judgment would be vo.d as to the other partners: Christy v.

R. 23399.
C. '51, 1839.

Sherman, 10-535; but it would be f If the honesty and integrity of the
binding as to the partner confessing transaction is affirmatively shown, the
judgment: North v. Mudge, 13-496; judgment will not b invalid as to
but where the statement was signed creditors or parties, though based
in the firm name, and sworn to by upon a defective statement: Vannice
one member, and the judgment entry v. Greene, 16–574.
recited that the firm acknowledged A warrant of attorney to confess
themselves justly indebted, etc, held, judgment is of no validity under our
that the judgment would bind the law: Hamilton v. Schoenberger, 47–
firm: Edwards v. Pitzer, 1--607.

385.

SEC. 2897. The clerk shall thereupon make an entry of judgJudgment: ex- ment in his court record for the amount thus confessed and ecution. costs, and shall issue execution thereon as in other cases.

R. 3400.
C. '51, 1810-1.

Offer to confess effect and pro

before action:

cedure. R, 3403.

Same after action brought. R 3404.

In the absence of fraud or other ground of equitable relief, the judgment is conclusive as to any defense, such as usury, which might have been interposed before judgment; Twogood v. Pence, 22-543; Troxel v. Clarke, 9-201; Miller v. Clarke, 37325; but a judgment by confession, entered into with the purpose of evading the usury laws, is void, as between the parties, as to the amount in excess of the sum lawfully due: Mullen v. Russell, 46-386; Ohm v. Dickerson, 50-671.

The judgment, when entered, is a judgment by the court, and is subject

to revision on appeal in the same manner as any other judgment; Edgar v. Greer, 7–136; Troxel v. Clarke, 9-201.

All the power the clerk has to render judgment on confession, is given by the statute, and unless its provisions are strictly complied with, the power of attorney under which the clerk acts is a nullity: Edgar v. Greer, 7-136; S. C., 10-279.

A judgment by confession may be entered in vacation, and the entry approved at the succeeding term, as provided by § 177; Vanfleet v. Phillips, 11-558.

SEC. 2898. Before an action for the recovery of money is brought against any person, he may go before the clerk of the courts of the county of his residence, or of that in which the person having the cause of action resides, and offer to confess judgment in favor of such person for a specified sum on such cause of action as provided for in the foregoing sections. Whereupon, if such person, having had the same notice as if he were defendant in an action, that the offer would be made, of its amount and of the time and place of making it, refuses to accept it, and should afterwards commence an action upon such cause and not recover more than the amount so offered to be confessed, he shall pay all the costs of action; and on the trial thereof, the offer shall not be deemed to be an admission of the cause of action or amount to which the plaintiff was entitled, nor be given in evidence.

SEC. 2899. After an action for the recovery of money is brought, the defendant may offer in court to confess judgment for part of the amount claimed, or part of the causes involved in the action. Whereupon, if the plaintiff, being present, refuses to accept such confession of judgment in full of his demands against the defendant in the action, or, having had three days notice that the offer would be made, of its amount and of the time of making it, fails to attend, and on the trial does not recover more than was so offered to be confessed, such plaintiff shall pay the costs of the defendant incurred after the offer. The offer shall not be deemed to be an admission of the cause of action, or amount to which the plaintiff was entitled, nor be given in evidence upon trial.

This provision as to offering to con-ings: City of Davenport v. C., R. I. & fess does not contemplate admissions P. R. Co., 38-653.

or confessions contained in the plead- The offer need not include costs ac

taken for a cer

R. 3405.

SECTION 2900. The defendant in an action for the recovery of By allowing money only, may, at any time after service of notice and before the judgment to be trial, serve upon the plaintiff or his attorney an offer in writing to tain sum. allow judgment to be taken against him for the sum of money, or to the effect therein specified with costs. If the plaintiff accept the offer, and gives notice thereof to the defendant or his attorney within five days after the offer is made, the offer, and an affidavit that the notice of acceptance was delivered in the time limited, may be filed by the plaintiff, or the defendant may file the acceptance with a copy of the offer verified by affidavit; and in either, case, the offer and acceptance shall be entered upon record and judgment shall be rendered by the court accordingly. If the notice of acceptance is not given in the period limited, the offer shall be deemed withdrawn, and shall not be given in evidence or mentioned on the trial. If the plaintiff fails to obtain judg ment for more than was offered by the defendant, he cannot recover costs but shall pay the defendant's costs from the time of the offer.

An offer to confess, unless accepted, | P. R. Co., 47-345. does not entitle plaintiff to judgment for the amount offered: Holmes v. City of Hamburg, 47-348.

It is error to allow the statement of an offer to compromise to be made to the jury: McCormick v. C., R. I. &

An offer to pay a sum of money and costs if plaintiff will dismiss his action, is not within the provisions of this section: Quinton v. Van Tuyl, 30-554.

R. ¿3406.

SEC. 2901. In an action for the recovery of money only, the same: condidefendant, having answered, may serve upon the plaintiff or his final offer. attorney an offer in writing, that if he fails in his defense the amount of recovery shall be assessed as a specified sum. If the plaintiff accepts the offer, and gives notice thereof to the defendant or his attorney within five days after it was served, or within three days if served in term time, and the defendant fails in his defense, the judgment shall be for the amount so agreed upon. If the plaintiff does not so accept the offer, he shall prove the amount to be recovered as if the offer had not been made, and

No cause for continuance. K. 23167.

the offer shall not be given in evidence or mentioned on the trial. And if the amount recovered by the plaintiff does not exceed the sum mentioned in the offer, the defendant shall recover his costs incurred in the defense, and in respect to the question of amount, to be taxed under the direction of the court.

SEC. 2902. The making of any offer pursuant to the provisions of this chapter, shall not be a cause for a continuance of an action or a postponement of a trial.

CHAPTER 12.

When and

R.

3119.

C. '51, 2 1656.

OF RECEIVERS.

SECTION 2903. On the petition of either party to a civil action or proceeding, wherein he shows that he has a probable right to, how appointed. or interest in, any property which is the subject of the controversy, and that such property, or its rents or profits, are in danger of being lost or materially injured or impaired, and on such notice to the adverse party as the court or judge shall prescribe, the court, or, in vacation, the judge thereof, if satisfied that the interests of one or both parties will be thereby promoted, and the substantial rights of neither unduly infringed, may appoint a receiver to take charge of and control such property under its direction during the pendency of the action, and may order and coerce the delivery of it to him. Upon the hearing of the application, affidavits, and such other proof as the court or judge deems proper, may be introduced, and upon the whole case such order made as will be for the best interest of all parties concerned.

Under this section a receiver may be appointed in a law action, an I in a proper case, be ore defendant is affected with notice of the pendency of the suit: Jones v. Graves, 20-596.

It is not necessary that it should conclusively a pear that the party is entitled to recover, before a receiver can be appointed; a probable right only is required: Des Moines Gas Co. v. West, 44-23.

It is a legitimate and regular mode of proceeding for a court of equity, in an action for the settlement of accoun's between partners, to appoint a receiver to take charge of the partnership assets, etc.: Saylor v. Mockbie, 9-209; but in such case it must first be made to appear that there is a partnership in existence, and a right in the party applying to share in the profits; a mere agreement for a partnership will not be sufficient: Hobart v. Ballard, 31-521; and in a particular case, held, that the facts were not sufficient to authorize the

appointment of a receiver of partnership property on the petition of one of the partners: Loomis v. McKenzie, 31-425.

The appointment of a receiver to take charge of mortgaged premises, after final judgment of foreclosure, is allowable, if at all, only upon a strong showing: Adair v. Wright, 16–385.

The judge may appoint a receiver

in vaca ion. Such appointment should not, except under peculiar circumstances, be made without notice to the opposite party, and where peculiar circumstances are relied on, they should be set forth: French v. Gifford, 30-148; and in general, notice to the opposite party is necessary: Bisson v. Curry, 35–72, 80.

The compensation allowed a receiver in a particular case, held, too great, and it is said that the rule that such compensation should be paid out of the fund of which the re eiver has charge, applies only to cases where he is held to have been prop