Untitled Texas Attorney General Opinion ( 1953 )

July 29, 1953
Hon. Carl C. Conley opiiaion No. s-77 ,,.
Criminal District Attorney
Willacy County Re: The force and effect of a
Ragmondville, Texas judgment for ad valorem
taxes together with the lien
upon abstracting the jadg-
ment withont a writ of exe-
Dear Mr. Conley: cution ialrrtrg.
You Bb¶te that fhe Raymondvillo Memorial Hospital re-
cently had a judgment rendered against them for delinqusrtt city, school
and coanty taxes. You further state that it is the desire of the hospital
to pay the judgment in inatallmentn to extend over a twoiyear period.
You request our opinion whether the judgment together with the lien
would become dormant in the event execution was not issaed during the
two-year period.
Article 3773, V.C.S., as amended, reads in part:
*If no execution is issued within ten years after
the rendition of a judgment in any court of record, the
judgment shall become dormant and no uecrtlon 6halI
issue thereon unless such judgment be revived. . . .*
The Court of Civil Appeals in Cox v. Nelson, 223 S.W.Zd 84 (1949). in
which the Supreme Court refused writ of error, held that Article 3773,
supra. controlled oyer Article 5532, V.C.S., which provides: j;,.;
“A judgment in any c~ourtof record, where exe-
cution is not iasaed within twelve months after the
rendition of the judgment, may be revived by ache
facias or an action of debt brought thereon within ten
years after date of such judgment, and not after.’
You will note that Article 3773 specifically provides that
a judgment in any court of record shall become dormant only in the
event no execution is kaued within ten years after rendition of the judg-
ment.
You are therefore advised that you will not prejdke the
county’s right to colkt the jadgment rendered against the hospital. or
Hon. Carl C.. Conley, page 2 (S-,71)
the lien thereon, by extending time of payment for two yeurs.
SUMMARY
A judpnent for ad valor&m tares togetherwith
the Lien will be in fdl force and effect tipon atitrsct-
ing the j~dgmemt for ‘a period of ten yean withont a
writ of emcation imnhg thereon.
Yoatrs very truly,
JOHN BEN SHEPPERD
Attorney G-era1
APPROVED1
WfIlis E. Greaham
Reviewer
Robert S. Trotti
First AssFatast
John Ben Shepperd
Attorney General
WVG:mg