Union National Bank v. Ternes

The opinion of the court was delivered, by

Johnston, C. J.:

This was an action in the nature of a creditor’s bill to subject a tract of land to the payment of a judgment which plaintiff had obtained against the defendant, and the judgment being against the defendants, they appeal.

It is contended that the petition failed to state a cause of action and that the proof offered under it did not .warrant the judgment that was rendered. In the petition it was alleged that on October 14, 1919, plaintiff recovered a judgment against J. P. Ternes for $2,872.12 and that the judgment is wholly unpaid. That…