Citations
- 125 F.2d 131
Full opinion text
MAJOR, Circuit Judge.
This is an appeal from an order, entered May 27, 1941, dismissing plaintiff’s suit for declaratory judgment. The complaint alleged that a judgment was obtained in the United States District Court for’the Northern District of Illinois on May 1, 1937; that a duly certified copy of the same was filed October 14, 1937, in the office of the Clerk of the Circuit Court of Knox County, Illinois, a court of record; that an execution was issued on said judgment, April 19, 1938, by the United States Clerk for the Northern District of Illinois directed to the United States Marshal for .the Southern District of Illinois; that the same was served on the judgment debtor July 7, 1938, and returned to, and filed in, the office of the District Clerk for the Northern District of Illinois, July 21, 1938, endorsed no property found and unsatisfied; and that the judgment debtor was the owner of certain real estate in Knox County, Illinois, from a date prior to May 1, 1937, to March 26, 1940.
Premised on these allegations, plaintiff prayed for an adjudication that its judgment entered May 1, 1937, in the United States District Court, be declared a lien upon the real estate of the judgment debtor located in Knox County. (Subsequent to March 26, 1940, the real estate was conveyed by William H. Maley, the judgment debtor, to certain persons named as co-defendants in this suit. The circumstances of such conveyance are not material to the instant case.)
The court below concluded that the filing of a certified copy of the decree (judgment) in the Circuit Clerk’s office of Knox County, Illinois, was not in compliance with Par. 1, Chap. 77, Illinois Revised Statutes (quoted hereinafter) providing for the filing of a transcript of judgment. In other wor