Any distinction between judgments and decrees is fanciful rather than real, since all adjudications by a court of competent jurisdiction are essentially judgments, yet in practice the term "decree" is used to distinguish the determinations and orders of a court of equity, while the term "judgment" is generally employed to denote the adjudications of a law tribunal. Judgments are usually for damages, and provide for a definite recovery in money; decrees contemplate some method of affirmative relief or operate in some specific way in answer to the prayer of the complaint.

In examinations of title, judgments in personam are important only as they serve to incumber the land of the judgment debtor with a statutory lien, and when the lien has been extinguished, either by lapse of time or satisfaction of the judgment, they become of no importance whatever and are wholly disregarded. Decrees, on the other hand, operating directly upon the land, are of controlling and continuing efficacy. They become a part of the general course of title, and through whatever mutations it may afterward pass they always remain essential links of the chain.45

Where the abstract shows a judgment duly rend-dered against any of the parties in interest from which an appeal has been taken, notwithstanding that a bond has been given, such judgment must yet be noted as defect of title. The appeal does not vacate the judgment nor destroy its Hen. Its only effect is to operate as a stay of proceedings for enforcement during the pendency of the appeal,46 and in case the judgment is affirmed it has practically the same force and effect as though no appeal had been taken.47

The lien of a judgment rendered by a State court attaches only to the land of the debtor situate within the county for which the court is held, or in which a transcript has been regularly docketed, and a certificate covering only the county courts of record is all that is necessary to fully apprise intending purchasers of the condition of the title so far as the same may be affected by the adjudications of the State courts. At the present time the territorial hen of a judgment of a Federal court is only co-extensive with the limits of the county in which it is rendered. This, however, is a construction of the statute by the courts and not a direct enactment. Formerly a Federal court judgment was effective throughout the district in which the court sat.

A judgment, whether of State or Federal courts, is not a specific lien upon any particular land of the judgment debtor, but extends generally upon all of his proprietory holdings, subject, however, to prior liens, legal or equitable.

45 Warvelle on Abstracts, 530.

46 Oakes vs. Williams, 107 111., 154.

47 Walker vs. Doane, 108 111., 236.

The lien of judgments upon real estate is regulated by statute, and the general rule is, that the lien continues for ten years48 from the rendition of the judgment, and no longer, except that in a few enumerated cases where a party is restrained from enforcing his judgment by appeal, injunction, etc., the time so consumed is excluded from the computation. A purchaser from a judgment defendant after the expiration of ten years from the rendition of the judgment, or such other period of limitation as the statute may prescribe, takes the land discharged from the lien of same, unless it has been preserved by some of the exceptions contained in the statute.49 Ordinarily a search for judgments covering a period of ten years is sufficient, and it is not customary for the examiner to certify judgments for a longer time. Unless specially excepted, neither injunction, appeal nor other cause will have the effect to prolong the lien beyond the statutory period, as against a purchaser from the judgment debtor.60

No set form of words is necessary to be employed in rendering judgments, provided they are certain and find the sum for which they are rendered, but failing in this they are fatally defective.51 The certainty required has reference both to the parties and the recovery, for the judgment is regarded as a unit and must comprehend all the parties then before the court, while the recovery must be certain and specific in the amount with nothing left to implication. Otherwise, to constitute a judgment record valid upon its face so that it may be enforced by action, nothing more need appear by it than that the court had jurisdiction of the subject-matter of the action and of the parties, and that a judgment was in fact rendered.52 In the abstract it is the general practice to give the name of the forum, together with case number or some other index for the purpose of reference; the full title of the case, and a statement of the fact of judgment, together with the amount for which it was rendered. A synopsis of the judgment is rarely given, nor is it at all necessary. Unlike judgments in personam, which are ordinarily shown only by a brief reference, decrees and judgments in rem, or which affect or implicate title, are copied almost verbatim, or at least, are set forth with little condensation. Where a decree directly affects land, as in case of foreclosure or other action in rem, it is of vital importance that the description of the property involved be accurate and certain. The rules of conveyancing, which permit reference to extrinsic facts to aid the intention of the parties, have no application to descriptions found in judicial decrees, or deeds of conveyance founded upon them, nor can the assistance of equity be invoked to reform such descriptions.53 Hence, if the decree and resulting deed are so defective that it cannot be ascertained by inspection, or from data which they furnish, what property was in fact sold, or, if in order to ascertain the intention of the officer selling it becomes necessary to institute an extraneous inquiry, the proceeding will be void for uncertainty.54 From what has been said it will be perceived that an abstract of a decree can consist of little else than a copy thereof.

48 In some states for a shorter period. Thus, in Illinois for only seven years. In most states, however, the term is fixed at ten years, as 6tated in the text.

49 Applegate vs. Edwards, 45 Ind.,

329; Gridley vs. Watson, 53

111., 186. 50 Tucker vs. Shade, 25 Ohio St., 355; Houston vs. Houston, 67

Ind., 276. 51 Railway Co. vs. Chicago, 53 111., 80; Carpenter vs. Sherby, 71

111., 427.

52 Maxwell vs. Stewart, 22 Wall., 77. 53 Lewis vs. Owen, 64 Ind., 446.

54 Evans vs. Ashley, 8 Me., 177; Bowen vs. Wickersham, 124 Ind., 404.

Orders of sale made by Probate Courts are a class of decrees that call for severe scrutiny, as these orders are essential parts of the title. It has been held that an order of court for the sale of land must, in itself, be sufficient without reference to extrinsic matters, and where the description is insufficient, the sale will be invalid.55