No order or decree of any court of probate for the payment of money shall, as to third persons, without express notice, have any effect as a lien on the real estate of the person intended to be bound thereby but from the day when such a brief or abstract shall have been delivered to or lodged with the judge of probate as aforesaid and a transcript of the docket thereof in the index of money decrees as herein prescribed has been filed in the office of the clerk of the court of common pleas for the same county and duly entered by the clerk on the calendar of judgments kept in his office. Nor shall such order or decree rank as a judgment against the estate of any person deceased unless such abstract was duly filed and indexed and a transcript of the entry in the index filed with the clerk of the circuit court for the same county and duly docketed by the clerk on the calendar of judgments of the court of common pleas before the death of such deceased person. After the transcript of the docket in the index of money decrees has been duly entered upon the calendar of judgments kept in the office of the clerk of the court of common pleas such order or decree shall have like force and effect as judgments of the courts of common pleas.
HISTORY: 1962 Code Section 15-463; 1952 Code Section 15-463; 1942 Code Section 240; 1932 Code Section 240; Civ. P. '22 Section 197; Civ. P. '12 Section 73; Civ. P. '02 Section 67; 1878 (16) 710.
Structure South Carolina Code of Laws
Section 14-23-30. Election and term of judges.
Section 14-23-40. Bond and oaths.
Section 14-23-50. Filling of vacancies.
Section 14-23-60. Clerk of court shall act until vacancy filled.
Section 14-23-210. Appointment of times and places for holding courts; notice to interested parties.
Section 14-23-220. Court open at all times for certain business.
Section 14-23-230. Adjournment of court.
Section 14-23-250. Jurisdiction once acquired is exclusive.
Section 14-23-260. Jurisdiction shall not be collaterally impeached.
Section 14-23-280. Commencement of proceedings; procedure.
Section 14-23-290. Court may issue warrants and processes.
Section 14-23-310. Judge may punish for contempt.
Section 14-23-330. Taking and use of deposition.
Section 14-23-360. Enrollment of order or decree for payment of money.
Section 14-23-370. Order or decree as a lien or a judgment.
Section 14-23-390. Index of enrolled money decrees.
Section 14-23-400. Judges may issue executions.
Section 14-23-410. Prerequisites to issuance of executions.
Section 14-23-420. Recording satisfaction of execution.
Section 14-23-430. Form of warrant or process.
Section 14-23-440. Sheriff or constable shall execute orders or process.
Section 14-23-620. Judge shall make search and furnish copies of records; certification; fees.
Section 14-23-660. Manner of filing papers; index.
Section 14-23-670. Clerk shall file account of money remaining in court.
Section 14-23-690. Successor to issue receipt for books, papers, and property of retiring judge.
Section 14-23-710. Authority to make investments and loans; interest notes.
Section 14-23-1010. Establishment.
Section 14-23-1020. Election and term of judges; filling of vacancies.
Section 14-23-1030. Associate judges.
Section 14-23-1040. Only qualified county electors eligible to office of judge or associate judge.
Section 14-23-1070. Appointment of deputies; powers.
Section 14-23-1080. Judges shall not sit in certain cases.
Section 14-23-1090. Appointment and removal of clerk.
Section 14-23-1100. Duties of clerk.
Section 14-23-1110. Practice of law by judges or associate judges.
Section 14-23-1120. Court of record; seal.
Section 14-23-1130. Books, office equipment, office space, support personnel; index books.
Section 14-23-1140. Rules and regulations governing practice, procedure, and conduct of business.