Ayers v. Swindell

By JUDGE ALEX H. SANDS, JR.

This is a suit brought by complainant to subject specific property of defendant Swindell to the satisfaction of a judgment lien held by plaintiff against Swindell. A. D. Rucker and C. E. Richardson, trustees under a deed of trust upon the property, the lien of which is senior to plaintiff’s judgment lien, are joined as parties defendant.

All parties are in agreement as to the necessity for and propriety of a sale of the property in the present case (such sale to be in fee and for cash), but plaintiff contends that the costs of the proceeding are a primary charge upon…