Extent Property Affected by Judgment Pending Appeal

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In all cases in which a judgment is rendered and an appeal is entered from the judgment, the property of the defendant in judgment shall not be bound by the judgment except so far as to prevent the alienation by the defendant of his property between its signing and the signing of the judgment on the appeal, but the property shall be bound from the signing of the judgment on the appeal.

(Laws 1812, Cobb's 1851 Digest, p. 496; Code 1863, § 3500; Code 1868, § 3523; Code 1873, § 3581; Code 1882, § 3581; Civil Code 1895, § 5352; Civil Code 1910, § 5947; Code 1933, § 110-508.)

RESEARCH REFERENCES

C.J.S.

- 49 C.J.S., Judgments, § 781 et seq.

ALR.

- Appeal as affecting time allowed by judgment or order appealed from for the performance of a condition affecting a substantive right or obligation, 28 A.L.R. 1029.

Validity of mortgage executed by entryman on public land before patent, 41 A.L.R. 938.


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