Beery v. Naylor

*369The opinion of the court was delivered by

Smith, J. :

This was a suit in the nature of a creditor’s bill, brought by. James B. Naylor against the Beerys, to subject a town lot to the payment of a judgment held by him against them. The petition alleged that on April 12, 1893, the plaintiff’s assignor recovered a judgment against Minnie A. Beery and husband for the sum of $823.33, and a decree foreclosing a mortgage given to secure the debt on which the judgment was based; that the mortgaged property was sold and $84 realized therefrom, which was credited on the judgment; that execution had been…