Page:Federal Reporter, 1st Series, Volume 7.djvu/770

758 FEDSBAti BEFOiSTBB. �moitgage of Plant & Son. The other points made in the- original bill and the amendment are open for determination. �2. The object of the book of complete record, required by section 267, T" 6, of the Code of Georgia, for the "record of all proceedings in all civil cases within six months after the final determination thereof," is not notice. Conceding that Plant & Son now have the right to show that the judgment in favor of Gunn, although decided to be a valid judgment, "was not so recorded as to be notice to them, they do not prove the fact by the mere proof that the judgment was not recorded in such book. Evidence of the custom and usage of members of the bar, the officers of court, and the public generally, was admissible to show what book was kept and used for the purpose of ascertaining what liens by judgment existed, and the extent of such liens. This evi- dence, taken in connectioii with section 267 of the Code, which enumerates all the record books which the clerks of the superior court are reqUired to keep in Georgia, and with paragraph 4 of that section^ requiriug the clerk to keep an execution docket, to enter therein the principal, interest, and costs due on each execution issned on judgments in thfr court, (no judgment docket being required,) makes it per- fectly clear that this docket, and not the book of complete record, is the one intended by the law of Georgia to give notice of judgments. It can hardly be supposed that the book of complete record, if designed or used for so important a purpose as the ascertaiament of judgment liens, would have been suffered to fall into disuse and have been aban- doned since 1856. �3. The amended judgment for interest, at the April term, 1871, of Bibb superior court, related back to the original judg- ment in IBtifi, at the November term, so as to constitute a valid lien for the interest as well as the principal from the date of the original judgment. Clearly, this is true as between the parties. The question made is whether this amendment can affect Plant & Son, who took an intermediate mortgage. The execution docket of the November term, 1866, shows Viit an execution was issued by the clerk for the principal ��� �