Hutchinson's Appeal

1. The omission of the middle letter in a name in the judgment-index is fatal to a lien. 2. There can be no distinction between purchasers and subsequent judgment-creditors. The latter must be presumed to have searched for prior liens before giving credit to the defendant, and whether they did or did not, the rule which requires the judgment-index to give accurate information cannot be departed from. It is always the duty of the plaintiff to see that his judgment is correctly entered on the index. 3. Wood v. Reynolds, 7 W. & S. 406, followed.

Appeal from the Court of Common Pleas of Butler county: of October and November Term 1878, No. 91. Appeal of Esther Hutchinson from the decree of the court overruling her exceptions to the report of the auditor to distribute the fund arising from the sheriff’s sale of the real estate of W. A. Black. Rev. William A. Black and M. H. Black., his wife, on the 2Sd of August 1875, made their joint judgment-note to Esther Hutchinson for $717, due in one year. On the same day judgment was entered on this note in Butler county, at October Term 1875, but by mistake the middle initial “ A ” was omitted and the letter “ G ” inserted in its place, and the judgment was entered as against “ W. G. Black.” At the time this judgment was entered, judgments were entered against W. A. Black, which, at the time of the sale of his real estate, amounted to about $2400. Mr. Black’s real estate was sold by the sheriff of Butler county on October 1st 1877, to Mrs. Hutchinson for $4600. Several judgments were entered subsequent to Mrs. Hutchinson’s, more in all than the fund realized by the sheriff on the sale of the land. All the judgments, except Mrs. Hutchinson’s, were entered against W. A. Black. An auditor was appointed to make distribution, and after a hearing of the matter made a report, allowed no part of the fund to be applied to the payment of Mrs. Hutchinson’s judgment, and gave as a reason that the_ judgment was entered against W. G. Black and not against W. Á. Black. Mrs. Hutchinson excepted to the report, but the court, Bredin,. P. J., overruled her exceptions and confirmed the report. From this decree this appeal was taken.