HAYDEN VS. STEWART. 463
county courts, upon the application of a plaintiff in a judgment
upon the return of a nulla bona, on a fieri facias,, issued in the
county where the judgment was obtained, to issue executions
on such judgments, against the goods, chattels, lands and tene-
ments of the defendant, lying and being in other counties; and
upon an attested short copy of the judgment, the execution may
be renewed from time to time, out of the County Court to which
the original execution shall have been removed, as authorized
by the act of 1795, chap. 24, in like manner as if the judgment
in such case had been rendered therein.
When a judgment has been thus transferred, and become in
effect a judgment of the county court to which the execution
and short copy is sent, it seems to me it should, from that time,
have all the incidents and qualities of a judgment rendered in
the latter court, and of course be a lien on the lands of the de-
fendant. But if the lien of a judgment of one of the county
courts of the state is, as said by the late Chancellor, a lien upon
the lands of the defendant everywhere within the state, then it
would follow, that if land is sold in any one county, upon 'a
judgment rendered in that county, a prior judgment existing in
a different county against the same defendant, the purchaser
would be disturbed in his title by such proceedings on the prior
judgment as are authorized by the acts of assembly which have
been referred to; and, consequently, no one would be safe in
buying land at sheriff's sale, without an examination of the re-
cords of every county court in the state; for, as has been re-
marked, the privilege of being sued only in the county of one's
residence is a privilege which may be, and is, sometimes waved.
It appears to me, that the decision to which the late Chan-
cellor came, in the case of the Cape Sable Company, is in con-
flict with the policy of our laws upon such subjects. The re-
gistry acts all require that the deed, or instrument creating the
incumbrance on real estate, shall be recorded in the county
in which it is situate, for the very purpose of facilitating the
investigation of titles, and for the security of purchasers; and
the policy which dictated this regulation would seem to apply
with peculiar force to judgments, which if liens at all, are gen-
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