Richardson v. Ebert

Brannon, Judge:

William Richardson brought a chancery suit in Wood county against Charles B. Ebert to enforce against Ebert’s land the lien of a judgment. The defendant demurred to the bill, but his demurrer was overruled, and a decree made for the sale of the land to pay the judgment, and Ebert appeals.

One objection made to the decree is, that no execution was returned “no property found” before the institution of the suit, as required by Code, 1899, chapter 139, section 7. This argument is predicated on the fact that the bill avers a judgment recovered 23d September, 1905, with interest from…