462 HIGH COURT OF CHANCERY.

September, 1848, and as the trustee's report of the sale was not
ratified until the 2d of October following, the mutation from
real to personal estate was not complete at the former period,
and, therefore, independently of the views presented by the
counsel for the bank, it must be regarded as having had the
character of real estate when the judgments were rendered,
Leadp.nham vs. JYicholson, 1 H. & G., 266.

But these judgments were not rendered in the county in
which the -land lay, and the very important question is present-
ed as to the effect of a judgment under such circumstances.
Whether a judgment rendered in one county is a lien on land
lying in another, is a question of great practical importance,
and it is to be regretted that no cause has yet arisen in which
the Court of Appeals has been called upon to put it at rest.

In the case of Cape Sable Company, (3 Bland, 606,) the
late Chancellor decided that the judgments and'decrees of the
County Courts, the Court of Chancery and the <3bUr{ of Appeals,
gave a lien upon the lands of the defendant, et'firy where in the
state; and if this is to be regarded as sealing the law upon
the subject, no farther examination of it need be made.

The doctrine of the Chancellor in the same case, with regard
to the lien of a judgment on real estate, being but an incident
of its liability to be taken in execution, and that there can be no
lien where there is no direct or indirect mode of having an ex-
ecution founded on such judgment, has been, as was conceded
in the argument, overruled by the Court^of Appeals, and can,
of course, no longer be considered as the sound doctrine upon
that subject.

The authority of the case, therefore, is weakened, and it ap-
pears to me, that so much mischief and inconvenience would
result from following the decision upon the other point, that I
am not prepared to give my assent to it. The difficulties
already existing in the examination of titles are, I think, suf-
ficiently perplexing, but it is manifest they would be aggravat-
ed to a most alarming extent, if the doctrine contended for is
to prevail.

The 9th section of the act of 1794, chap. 54, authorizes the