Fulton v. Duro
Idaho Court of Appeals
687 P.2d 1367 (1984)
Verdean Fulton (plaintiff) obtained and recorded a judgment against Loyd Duro (defendant), then had the sheriff levy on Duro's real property holdings; at the time, Duro held only an equitable interest as purchaser under a land sale contract, not legal title. After the judgment lien was recorded, Duro transferred his interest to Samuelson (intervenor), and the same property was later sold at a sheriff's sale to Fulton. Samuelson moved to vacate that sale, arguing a purchaser's executory interest in land wasn't "real estate" under the relevant statute, and the district court agreed, holding Fulton's recorded judgment created no lien on the property.
Whether recording a judgment imposes a judgment lien against the equitable interest in land held by a judgment debtor who is a purchaser under a land sale contract.