Provisor

The question here presented is the effective date of the judgment lien where a new judgment is rendered in an action on a prior judgment. This appears to he a ease of first impression in California.

It is appropriate to state the facts in some detail. On December 2, 1953, plaintiff’s assignor recovered judgment against defendant in the amount of $1,882.40. The judgment became a lien on defendant’s real property on that date. On *877 September 7, 1955, Code of Civil Procedure, section 674, was amended to extend the effective period of judgment liens from five to ten years. Defendant owned a piece of real estate; for how long defendant had owned it and whether defendant acquired it before or after, the 1953 judgment is not clear from the record. On March 11, 1963, defendant recorded a homestead on the real estate. On March 29, 1963, plaintiff (who had acquired all rights in the first judgment by assignment) filed the instant action in which he' sought a new judgment based on the 1953 judgment. A new judgment for $2,698.68 was entered June 18, 1963 (the difference in amount being the accrued interest on the 1953 judgment). A writ of execution on the new judgment was issued July 31,…