Effect of Transfer by Attorney; Ratification

Checkout our iOS App for a better way to browser and research.

The transfer of a judgment by the attorney of record of the person in whose favor the judgment was entered shall be good to pass the title thereto as against every person except the person in whose favor judgment was entered or his assignee without notice. Ratification by the plaintiff shall estop him also from denying the transfer. Receipt of the money from the transfer shall be such a ratification.

(Orig. Code 1863, § 3517; Code 1868, § 3540; Code 1873, § 3598; Code 1882, § 3598; Civil Code 1895, § 5375; Civil Code 1910, § 5970; Code 1933, § 110-902.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 46 Am. Jur. 2d, Judgments, § 170.

C.J.S.

- 49 C.J.S., Judgments, § 832 et seq.

ALR.

- Payment of judgment by debtor without notice of its assignment, 32 A.L.R. 1021.

Enforceability of warrant of attorney to confess judgment against assignee, guarantor, or other party obligating himself for performance of primary contract, 5 A.L.R.3d 426.


Download our app to see the most-to-date content.