Locke, Judge. Bill by Mennon Tierce, as administrator, against- H. A. Knox, to enforce upon real estate the lien of a recorded judgment. Prom a decree sustaining demurrers to the bill and dismissing it, complainant appeals. The bill contained equity, and the court erred in sustaining the demurrer and dismissing it.
Good law ✅— No negative treatment on recordhow we know
Reversed and remanded · Decided 1922-01-12
How this case has been cited
Cited by 9 later decisions — most recently May 1968
3 federal appellate · 6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
¶1
The appellant filed this bill in the circuit court of Jefferson county, equity side, to enforce a lien on appellee’s real estate, situated in Jefferson county, imposed, it is averred, by the registration in that county of a judgment obtained by appellant’s intestate in the circuit court of Tuscaloosa county against the appellee. Code, § 4156 et seq. The demurrer’s sole ground denied the equity of the bill. The court sustained the demurrer, allowed time for the amendment of the bill if complainant so desired, and subsequently, there being no amendment, dismissed the bill for want of prosecution.
¶3
[2]
The statutory method for enforcing liens resulting from the registration of judgments is cumulative, not exclusive; and such a lien may be enforced by bill in equity. Code, § 4829; Gurley v. Robertson, 178 Ala. 326, 332, 59 South. 643, and cases there cited. The bill possesses equity.
¶4
The court erred in sustaining the demurrer denying the equity of the bill. The decree is reversed, and the cause is remanded.
