25-1515 Judgment; when dormant. - Nebraska Statutes

25-1515. Judgment; when dormant.If execution is not sued out within five years after the date of entry of any judgment that now is or may hereafter be rendered in any court of record in this state, or if five years have intervened between the date of the last execution issued on such judgment and the time of suing out another writ of execution thereon, such judgment, and all taxable costs in the action in which such judgment was obtained, shall become dormant and shall cease to operate as a lien on the estate of the judgment debtor. SourceR.S.1867, Code § 482, p. 473; R.S.1913, § 8056; C.S.1922, § 8997; Laws 1927, c. 67, § 1, p. 230; C.S.1929, § 20-1515; R.S.1943; § 25-1515; Laws 2000, LB 921, § 11.Annotations1. When applicable2. When dormant3. Effect1. When applicableThis section is a statute of limitations. Buffalo County v. Kizzier, 250 Neb. 180, 548 N.W.2d 757 (1996).Section applied to judgment for alimony. Miller v. Miller, 160 Neb. 766, 71 N.W.2d 478 (1955).Statute of limitations is not a bar to enforcement of alimony decree. Nowka v. Nowka, 157 Neb. 57, 58 N.W.2d 600 (1953).Decree for child support is not a judgment within the meaning of this section. Miller v. Miller, 153 Neb. 890, 46 N.W.2d 618 (1951).A decree for alimony is not a judgment within the meaning of this section. Lippincott v. Lippincott, 152 Neb. 374, 41 N.W.2d 232 (1950).This section does not apply to a decree for the sale of specific real estate. Stanton v. Stanton, 146 Neb. 71, 18 N.W.2d 654 (1945); Medland v. Van Etten, 75 Neb. 794, 106 N.W. 1022 (1906); Herbage v. Ferree, 65 Neb. 451, 91 N.W. 408 (1902).A decree for child support, rendered in a divorce action, does not become dormant because of the failure to issue execution thereon for more than five years. In re Application of Miller, 139 Neb. 242, 297 N.W. 91 (1941).This section is not applicable to decree of foreclosure. Jenkins Land & Live Stock Co. v. Kimsey, 99 Neb. 308, 156 N.W. 499 (1916); St. Paul Harvester Works v. Huckfeldt, 96 Neb. 552, 148 N.W. 153 (1914).Claim against insolvent estate is not a judgment. Sharp v. Citizens Bank of Stanton, 70 Neb. 758, 98 N.W. 50 (1904).This section applies to judgments against a municipal corporation. Alter v. State ex rel. Kountze Bros., 62 Neb. 239, 86 N.W. 1080 (1901).2. When dormantIssuance and return of execution without a levy is sufficient to prevent judgment from becoming dormant. Hein v. W. T. Rawleigh Co., 167 Neb. 176, 92 N.W.2d 185 (1958).Where executions were issued within five years, judgment did not become dormant. Filley v. Mancuso, 146 Neb. 493, 20 N.W.2d 318 (1945).Commencement of suit to foreclose a judgment lien before judgment becomes dormant does not operate to continue the judgment in force beyond the period of five years from date of last execution. Rich v. Cooper, 136 Neb. 463, 286 N.W. 383 (1939).Repeal of statute permitting recovery of a deficiency judgment does not prevent action to revive a dormant deficiency judgment. McCormack v. Murray, 133 Neb. 125, 274 N.W. 383 (1937).A judgment becomes dormant and ceases to be a lien on real estate in five years from date thereof unless execution is sued out within such period, and a judgment revived is a lien on the real estate of judgment debtor from date of the order of revivor. Glissmann v. Happy Hollow Club, 132 Neb. 223, 271 N.W. 431 (1937).Issuance and return of execution without actual levy are sufficient as against judgment debtor to preserve priority of lien. Glenn v. Glenn, 79 Neb. 68, 112 N.W. 321 (1907).Sale of real estate under an execution issued on a dormant judgment is void as to purchaser from judgment debtor. Harvey v. Godding, 77 Neb. 289, 109 N.W. 220 (1906).Filing transcript of judgment of justice in district court does not extend life of such judgment. Farmer's State Bank v. Bales, 64 Neb. 870, 90 N.W. 945 (1902).Judgment becomes dormant when no execution is issued before expiration of five years. Dillon v. Chicago, K. & N. R. R. Co., 58 Neb. 472, 78 N.W. 927 (1899).When a judgment becomes dormant, its lien is lost as against a mortgage made by the debtor during the life of the judgment. Flagg v. Flagg, 39 Neb. 229, 58 N.W. 109 (1894).The count for dormancy begins on the date that the foreign judgment is brought to a state and registered. St. Joseph Dev. Corp. v. Sequenzia, 7 Neb. App. 759, 585 N.W.2d 511 (1998).3. EffectWhen a judgment becomes dormant, the lien is lost as to judgment debtor's grantee and is not revived by a new execution. Lammers Land & Cattle Co. v. Hans, 213 Neb. 243, 328 N.W.2d 759 (1983).Where party fails to revive judgment within ten years after it becomes dormant, right of revivor is lost. Farmers & Merchants Bank v. Merryman, 126 Neb. 684, 254 N.W. 428 (1934).Where face of petition shows cause of action barred by statute of limitations, and there are no allegations tolling the statute, general demurrer will lie. Reed v. Occidental Bldg. & Loan Assn., 122 Neb. 817, 241 N.W. 769 (1932).Sale of real estate under execution on dormant judgment will be enjoined at suit of one who acquired title to property during life of judgment lien. Lincoln Upholstering Co. v. Baker, 82 Neb. 592, 118 N.W. 321 (1908).Judgment ceases to be a lien upon real estate where more than five years have elapsed after rendition of judgment without any execution having been issued thereon. Allen v. Holt County, 81 Neb. 198, 115 N.W. 775 (1908).Time in which injunction stood against the judgment would be excluded. Cotton v. First Nat. Bank of Superior, 51 Neb. 751, 71 N.W. 711 (1897).Sale of real estate to satisfy dormant judgment is voidable only, and cannot be assailed in collateral proceeding. Link v. Connell, 48 Neb. 574, 67 N.W. 475 (1896)Tax cannot be levied for payment of dormant judgment against municipality. State ex rel. Craig v. School Dist. No. 2 of Phelps County, 25 Neb. 301, 41 N.W. 155 (1888); Reynolds v. Cobb, 15 Neb. 378, 19 N.W. 502 (1884).