Fulton v. Duro
Idaho Court of Appeals
687 P.2d 1367 (1984)
Verdean Fulton (plaintiff) obtained a judgment against Loyd R. Duro (defendant). The judgment was filed and recorded in the Valley County Recorder’s office. Pursuant to IC § 10-1110, Fulton received a writ of execution from the sheriff, levying on the right to Duro’s real property holdings. At the time, Duro had entered a contract to purchase the subject real estate. Under the terms of that contract, Duro had not yet received title to the purchased property, but did possess an equitable interest. After the judgment lien was recorded, Duro transferred his interest in the purchased property to Samuelson (intervenor). The same property was put up for sale by the sheriff and purchased by Fulton. Samuelson filed a motion to vacate the sheriff’s sale, arguing that a purchaser’s executory interest in land did not constitute “real estate” within the meaning of § 10-1110. The district court agreed and held that Fulton’s recording of the judgment against Duro did not create a judgment lien against the subject property.
Rule of Law
Holding and Reasoning (Walters, C.J.)
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